HB 2073 — An Act amending the act of June 24, 1931 (P.L.1206, No.331), known as The First Class Township Code, in preliminary provisions, further providing for definitions, for excluded provisions, for construction of act generally, for construction of references, for how act applies and for saving clauses where class of townships changed, repealing provisions relating to exception as to taxation and further providing for legal advertising; in classification and creation of townships of the first class, further providing for article heading and for provisions relating to classification, repealing provisions relating to enrollment to ascertain population, providing for creation of townships of the first class from townships of the second class, repealing provisions relating to proclamations by county commissioners, to submission of question to voters, to returns of election and effect thereof, to ascertainment of population and to submission of question to voters and returns of election and effect thereof, providing for reestablishment of townships of the second class, further providing for subdivision heading, providing for consolidation or merger, further providing for officers for new townships, repealing provisions relating to election of commissioners in new townships and to election of tax collector in new townships, further providing for certificate of creation of township and providing for change of name of township of first class; repealing provisions relating to change of name of township of first class; in townships lines and boundaries, further providing for stream boundaries, for establishment of boundaries, for petition to court and commissioners' report, for exceptions and procedure, for monuments, for compensation and expenses of commissioners and cost and for adjustment of indebtedness; in wards, further providing for creation, division and redivision of wards, providing for petition of electors, repealing provisions relating to filing and confirmation of report and exceptions, providing for county board of elections, repealing provisions relating to compensation of commissioners, to election districts and to numbering of wards, further providing for schedule for election of commissioners in townships first divided into wards and for schedule of election of commissioners in newly created wards and providing for Pennsylvania Election Code; in election of officers and vacancies in office, further providing for eligibility, for hold until successors qualified and for elected officers enumerated, repealing provisions relating to commissioners, to tax collector, to assessors, to auditors and to controller and further providing for vacancies in general; in general provisions relating to township officers, further providing for oath, for bonds, for compensation, for removal of township officers and appointees and for annuities in lieu of joining pension or retirement system, repealing provisions relating to county associations of township officers, further providing for formation of State association authorized, repealing provisions relating to delegates from townships, providing for authorization to attend annual meetings and educational conferences, further providing for expenses of delegates paid by townships, repealing provisions relating to expenses of annual meeting and to conferences, institutes and schools, providing for provisions relating to county associations of township officers, further providing for subdivision heading, for appointments of police and firemen, for civil service commission created, appointments and vacancies, for offices incompatible with civil service commissioner, for organization of commission and quorum, for clerks and supplies, for rules and regulations, for minutes and records, for investigations, for subpoenas, for annual report, for general provisions relating to examinations, for application for examination, for rejection of applicant and hearing, for eligibility list and manner of filling appointments, for age and applicant's residence, for probation period, for provisional appointments, for promotions, for physical and psychological medical examinations, for removals, for hearings on dismissals and reduction, for present employees exempted, for discrimination on account of political or religious affiliations and for penalty, repealing provisions relating to salaries of civil service commission and further providing for police force and fire apparatus operators defined; in township commissioners, further providing for organization and failure to organize, for monthly meetings, quorum and voting, for compensation and for reports to auditors; in appointed township treasurer, further providing for township treasurer, for treasurer's bond, for treasurer's duties, for use of special funds and penalty and for depositories of township funds; in tax collector, further providing for powers and duties of tax collector; in township secretary, further providing for election of secretary and salary, for assistant secretary, for duties and penalty and for records open to inspection; in auditors, providing for subarticle heading, further providing for meetings, general duties and compensation, providing for compensation, further providing for subpoenas, power to administer oaths and penalty, for surcharges, auditors' report and publication of financial statements, for canceling orders, for penalty for failure to perform duty and for employment and compensation of attorney, providing for surcharge by auditors, further providing for balances due to be entered as judgments, for collection of surcharges, for appeals from report, for appeal bond and for consolidation of appeals, repealing provisions relating to testimony and argument, to framed issues and to prima facie evidence, further providing for judgment and for cost, repealing provisions relating to appeals, further providing for counsel fees and providing for provisions relating to appointed independent auditor; in controller, further providing for oath and bond of controller, for salary of controller, for general powers and duties of controller, may require attendance of witnesses and penalty, for controller to countersign warrants, for controller to prevent appropriation over drafts, for amount of contracts to be charged against appropriations, for management and improvement of township finances, for books to be kept by controller, for appeals from controller's report, bond and procedure on appeal and for controller to retain books, documents, et cetera and pending appeals; in township solicitor, further providing for election and vacancies, repealing provisions relating to bond and further providing for solicitor to have control of law matters and for duties of solicitor; in township engineer, further providing for election of township engineer, term and filling of vacancies, repealing provisions relating to bond, further providing for control of engineering matters, for duties and preparation of plans, for certificate of commencement and of completion of municipal improvements and for surveys and repealing provisions relating to real estate registry; providing for township manager; providing for veterans' affairs; in police, further providing for appointment, compensation and training of policemen, providing for special fire police, further providing for chief of police and other officers, for powers of policemen, for service of process and fees and for supervision of police, repealing provisions relating to keepers to receive prisoners, further providing for badge, for not to receive fees, for establishment of police pension fund and management and for private police pension funds and optional transfers, repealing provisions relating to minimum service for retirement, to retirement allowance, to general funds of township not liable, to township appropriations, gifts and management, to reasons for denying retirement allowance and to annuity contracts in lieu of police pension fund and further providing for school crossing guards; in corporate powers, further providing for suits and property, providing for real property, for personal property, for exceptions, for surcharge from sale or lease and for general powers, further providing for corporate powers of a township, providing for officers, positions and departments, for police force, for lockup facilities, for rewards, for disorderly conduct, for public safety, for fire protection, for building and housing regulations, for numbering buildings, for regulation of business, for nuisances and dangerous structures, for municipal waste, for fireworks and inflammable articles, for smoke regulations, for prohibition of fire producing devices and smoking, for animals, for regulation of foundations, party walls and partition fences, for ambulances and rescue and lifesaving services, for display of flags, for health and cleanliness regulations, for public facilities, for hospital appropriations, for community nursing services, for parking and parking lots, for appropriations for certain streets, for airports, for appropriations for airports, for purchase and planting of trees, for intergovernmental cooperation, for widening and deepening of watercourses, for regulation of charges, for street, sewer, sidewalk, etc. and regulations, for capital reserve fund, for operating reserve fund, for surplus foods, for industrial promotions, for nondebt revenue bonds, for historical properties, for insurance, for appropriations for urban common carrier mass transportation, for open burning, for community development, for observances and celebrations, for building hospitals, for tourist promotion agencies, for sale of real or personal property to nonprofit medical service corporation, for sale of real or personal property to nonprofit housing corporation, for nonprofit art corporations, for neighborhood crime watch programs, for drug and alcohol abuse programs, for watershed associations, for emergency services, for mines and quarries, for conservation district, for electricity and for storm water and further providing for typewritten, printed, photostated and microfilmed records valid and recording or transcribing records; providing for real estate registry; in public health, repealing a subarticle heading, further providing for appointment of boards of health and health officers, for members of board, terms and secretary, for organization of board, salary of secretary, bonds, fees and penalties and power to administer oaths, for duties of secretary, for duties of health officer, for powers of board of health, for entry of premises, for inspections, for budget and appropriations, for cooperation in health work and for powers of Secretary of Health and repealing provisions relating to expenses incurred by board or Secretary of Health, to suits by State Secretary of Health to recover expenses, to payment of expenses recovered into State Treasury and provisions relating to vacation of streets declared nuisances by board of health; in finance and taxation, further providing for fiscal year, annual budget and regulation of appropriations, for amending budget and notice, for committee to prepare uniform forms and for appropriations not to be exceeded and changes in appropriations, repealing provisions relating to certain contracts invalid, to power to create indebtedness, sinking fund and temporary indebtedness and to sinking fund and regulations and investments and further providing for investment of township funds, for indebtedness and orders of previous years, for disbursements to pay indebtedness, for tax levies, for additions and revisions to duplicates, for tax rates to be expressed in dollars and cents, for special levies to pay indebtedness and for delivery of duplicates; in contracts, further providing for power to make contracts, for general regulations concerning contracts, for evasion of advertising requirements, for bonds for protection of labor and materialmen, for purchase contracts for petroleum products, fire company, etc. and participation, for separate specifications for branches of work and for workmen's compensation insurance, repealing provisions relating to engineers and architects not to be interested in contracts and to minimum wages under contracts and further providing for penalty for personal interest in contracts; in eminent domain, assessment of damages and benefits, repealing subdivision heading, further providing for exercise of eminent domain and for restrictions as to certain property, providing for declaration of intention, further providing for value of land or property not to be assessed as benefits and exceptions and for title acquired and repealing provisions relating to procedure for the exercise of eminent domain and for the assessment of damages and benefits; in streets and highways, repealing subdivision heading, providing for definitions, for township street plan and for certain streets declared public streets, repealing subdivision heading, further providing for power to lay out, open, widen, vacate, et cetera, for burial grounds, et cetera, saved and for notice of hearing, repealing provisions relating to draft and report, to exceptions to report, to appointment of viewers and to notices to be posted along improvement, providing for petition for opening, etc. and for notice of petition, further providing for width of public roads, for opening and repairing roads and for detours, repealing provisions relating to laying out roads under the general road law, providing for street connecting with street of another municipal corporation, repealing subdivision heading and provisions relating to scope of subdivision, further providing for plans of dedicated streets, repealing provisions relating to appeals where commissioners refuse approval, to no responsibility on township where plans not approved, to entry of lands, to penalty and to powers of State and counties preserved, providing for powers of State and counties preserved, for exclusive nature of provisions, for failure of board of commissioners to hold hearing, for entry on land to maintain marks and monuments and for bike paths, repealing subdivision heading, further providing for agreements to relocate, alter and vacate streets in or near State parks, repealing provisions relating to agreement to be filed in court and effect of filing, to altered and relocated streets declared township streets, to assessment of damages and to elimination of curves and repealing subdivision headings, further providing for improving or vacating streets by agreement, repealing subdivision heading, further providing for proceedings on petition, repealing provisions relating to grading restrictions, to notice, to contents of notice, to appeals from ordinance, to assessment of damages and benefits by viewers, to assessments to bear interest and collection, to grading, draining, curbing, paving or macadamizing streets or highways and collection of cost by foot front rule and to road material, ditches, drains and watercourses, providing for power to open drains and ditches, repealing a subdivision heading, further providing for provisions relating to trees, shrubbery and obstructions within limits of streets or highways, repealing a subdivision heading, further providing for provisions relating to protection of streets and highways from snowdrifts, repealing a subdivision heading and provisions relating to duty to erect, providing for naming of streets and for street lighting, ornamental lighting and traffic control signals and devices, further providing for penalty for destroying, repealing a subdivision heading, further providing for railroad crossings and for street permits, repealing a subdivision heading, further providing for provisions relating to county aid in the improvement of township streets, repealing provisions relating to penal provisions and to opening, making, amending and repairing streets and bridges by contracts with taxpayers and providing for boundary streets, for streets, the center line of which is the boundary between a township and another municipal corporation, for streets having more than half of their width within township and for assessment for improvements on property outside limits where street entirely within township; repealing provisions relating to boundary roads and streets; in bridges and viaducts, further providing for article heading, repealing subdivision heading, further providing for provisions relating to bridges and viaducts as part of street, repealing a subdivision heading and provisions relating to power to construct, further providing for maintenance, repealing provisions relating to bridges and viaducts over marshy or swampy grounds, creeks, rivulets, gullies, canals and railroads and a subdivision heading, further providing for bridges on division line of townships and repealing provisions relating to bridges between townships and municipalities, to bridges over railroad or canal and to maintenance, repair and rebuilding of bridges built by county; in sidewalks, further providing for power to lay out, ordain and establish grades, for width, for paving and curbing sidewalks and for repair of sidewalks and providing for emergency repairs; in sewers and drains, further providing for article heading, for power to establish and construct sewers and drains, require connections and sewer rentals and for sewer and drainage systems, constructed by any municipality authority, connection by owners and enforcement, providing for notice of contemplated construction, further providing for location of sewers on private property and for treatment works and facilities therefor, repealing provisions relating to entry on lands to mark sewer routes and damages and to enforcement of judgment for damages, further providing for cost of construction and how paid, for sewer districts and for manner of assessment, repealing provisions relating to procedure for assessment of benefits, to lien for assessments and costs of proceedings and to assessment of property outside limits of townships for sewers, further providing for provisions relating to acquisition of sewer system from private interests and distribution of costs, to contracts with individuals or corporations for construction and maintenance of sewer and drainage systems, to sewers and drains in streets or highways or over private property and assessment of cost of construction according to benefits and for consent necessary, repealing provisions relating to assessment of cost, further providing for subdivision heading and for connection by agreement or petition and appointment of viewers, repealing provisions relating to notice of contemplated construction and protests by property owners, further providing for subdivision heading and for building joint sewers, repealing provisions relating to State permit and a subdivision heading; repealing provisions relating to collection by installment of the cost of street, curb, sidewalk and sewer improvements; providing for assessments for public improvements; providing for assessments, for public improvements; repealing provisions relating to revolving fund for street and sewer improvements; in water supply and waterworks, further providing for article heading and for contract with water companies and municipality and development of own water supply, providing for public utility law saved and for rates, further providing for State permit, for occupation of highways and for property damages and bond by township, repealing provisions relating to appointment of viewers, further providing for water districts and application of taxpayers and for connection to water supply system, repealing provisions relating to connection to water supply system of municipality authorities, further providing for cost of connection and where payable and for default in payment of installment, repealing provisions relating to entry of liens and further providing for subdivision heading, for joint maintenance of works with municipality, for State permits and for commission of waterworks; in manufacture and sale of electricity, further providing for manufacture and sale of electricity, for may regulate use and prices, for sale of hydroelectric generating facilities, for construction or purchase of hydroelectric generating facilities and for submission to electors; in public buildings, further providing for town hall, for unloading and warehouses, for appropriation of property, for ordinance of commissioners, for assessment of damages and for use of public lands acquired for other purposes; in licenses and licenses fees, further providing for provisions relating to transient retail merchants, for agents for licensed dealers not to be licensed, for insurance agents and brokers not to be licensed and for license fees on residents not to exceed those on nonresidents; in parks, recreation centers, shade trees and forests, further providing for acquisition of lands and buildings, for creation of recreation board, for composition of park or recreation boards, for organization of park or recreation boards and powers and duties delegated to the board by the commissioners, for maintenance and tax levy, for joint ownership and maintenance, for issue of bonds, for right of establishment, for personnel of commission, appointment, terms and vacancies, for powers may be vested in park commission, for general powers of commission, for hiring of employees and legislative power of commission, for report of commission, for notice of commission's activities and planting or removal of shade trees, for landholders liability for costs and for removal of diseased trees, repealing provisions relating to assessments liens, further providing for maintenance by township and funds for and for penalties, repealing provisions relating to disposition of penalties, further providing for right of acquisition of forest lands, repealing provisions relating to approval of Department of Forests and Waters and further providing for ordinance and notice, for appropriation for acquisition, for rules and regulations, for appropriation for maintenance, for use of township forests, for ordnance of sale and for appropriation of money to forestry organizations; in land subdivision, repealing article heading; in zoning, repealing article heading; in Uniform Construction Code, Property Maintenance Code and reserved powers, further providing for changes in Uniform Construction Code, for property maintenance code and for reserved powers; in township planning commission, repealing article heading; repealing provisions relating to enforcement of ordinances; providing for ordinances; in actions by and against townships, further providing for recovery of municipal claims by suit; and, in repeals, further providing for provisions relating to repeals and repealing provisions relating to inconsistent repeals.
Last action — Approved by the Governor
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced November 20, 2019. Enacted.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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5 sponsors
1 primary, 4 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (2 R · 2 D) — cross-party backing.
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Cleared a recorded vote
Passed 4 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Bill Text
What changed in the latest version
14097 added · 14118 removedPlain-language change summary
The latest version of Bill HB 2073 has made several important updates concerning local elections and township governance. Notably, it has removed certain provisions that distinguished between townships of the first class and those of the second class. This change aims to streamline the regulatory framework for township elections and governance, ensuring that all townships are treated more uniformly, which could simplify the electoral process and improve local administration. By eliminating unnecessary distinctions, the amendment helps promote clarity and efficiency in local governance.
PRIOR PRINTER'S NO.
2927 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.
30522073 THE2019 GENERALINTRODUCED ASSEMBLYBY OFMOUL, PENNSYLVANIAJAMES, HOUSEEVERETT, BILLFREEMAN SessionAND SAPPEY, NOVEMBER 20, 2019 REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, NOVEMBER 20, 2019 AN ACT Amending the act of No.June 24, 1931 (P.L.1206, No.331), entitled "An act concerning townships of the first class;
2073 2019 INTRODUCED BY MOUL, JAMES, EVERETT, FREEMAN AND SAPPEY, NOVEMBER 20, 2019 AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, DECEMBER 17, 2019 AN ACT Amending the act of June 24, 1931 (P.L.1206, No.331), entitled "An act concerning townships of the first class;
in classification and creation of townships of the first class, further providing for article heading and for provisions relating to classification, repealing provisions relating to townshipsenrollment ofto theascertain firstpopulation, classproviding fromfor townshipscreation of the secondn of class, repealing provisions relating to proclamations bybyd county commissioners, to submission of question to voters, to returns of election and effect thereof, to ascertainment of population and to submission of question to voters and returns of election and effect thereof, providing for reestablishment of townships of the second class, further providing for subdivision heading, providing for consolidation or merger, further providing for officers for new townships, repealing provisions relating to election of commissioners in new townships and to election of tax collector in new townships, further providing for certificate of creation of township and providing for change of name of township of first class;
in auditors, providing for subarticle heading, further providing for meetings, general duties and compensation, providing for compensation, further providing for subpoenas, power to administer oaths and penalty, for surcharges, auditors' 20190HB2073PN3052 - 2 - report and publication of financial statements, for canceling 20190HB2073PN2927 - 2 - orders, for penalty for failure to perform duty and for employment and compensation of attorney, providing for surcharge by auditors, further providing for balances due to be entered as judgments, for collection of surcharges, for appeals from report, for appeal bond and for consolidation of appeals, repealing provisions relating to testimony and argument, to framed issues and to prima facie evidence, further providing for judgment and for cost, repealing provisions relating to appeals, further providing for counsel fees and providing for provisions relating to appointed independent auditor;
in corporate powers, further providing for suits and property, providing for real property, for personal property, for exceptions, for surcharge from sale or lease and for general powers, further providing for corporate powers of a township, providing for officers, positions and departments, for police force, for lockup facilities, for rewards, for disorderly conduct, for public safety, for fire protection, for building and housing regulations, for numbering buildings, for regulation of business, for nuisances and dangerous structures, for municipal waste, for fireworks and inflammable articles, for smoke regulations, for prohibition of fire producing devices and smoking, for animals, for regulation of foundations, party walls and partition fences, for ambulances and rescue 20190HB2073PN3052 - 3 - and lifesaving services, for display of flags, for health and 20190HB2073PN2927 - 3 - cleanliness regulations, for public facilities, for hospital appropriations, for community nursing services, for parking and parking lots, for appropriations for certain streets, for airports, for appropriations for airports, for purchase and planting of trees, for intergovernmental cooperation, for widening and deepening of watercourses, for regulation of charges, for street, sewer, sidewalk, etc.
and participation, for separate specifications for branches of work and for workmen's compensation insurance, repealing provisions relating to engineers and architects not to be interested in contracts and to minimum wages under contracts and further providing 20190HB2073PN3052 - 4 - for penalty for personal interest in contracts;
in eminent 20190HB2073PN2927 - 4 - domain, assessment of damages and benefits, repealing subdivision heading, further providing for exercise of eminent domain and for restrictions as to certain property, providing for declaration of intention, further providing for value of land or property not to be assessed as benefits and exceptions and for title acquired and repealing provisions relating to procedure for the exercise of eminent domain and for the assessment of damages and benefits;
and for notice of petition, further providing for width of public roads, for opening and repairing roads and for detours, repealing provisions relating to laying out roads under the general road law, providing for street connecting with street of another municipal corporation, repealing subdivision heading and provisions relating to scope of subdivision, further providing for plans of dedicated streets, repealing provisions relating to appeals where commissioners refuse approval, to no responsibility on township where plans not approved, to entry of lands, to penalty and to powers of State and counties preserved, providing for powers of State and counties preserved, for exclusive nature of provisions, for failure of board of commissioners to hold hearing, for entry on land to maintain marks and monuments and for bike paths, repealing subdivision heading, further providing for agreements to relocate, alter and vacate streets in or near State parks, repealing provisions relating to agreement to be filed in court and effect of filing, to altered and relocated streets declared township streets, to assessment of damages and to elimination of curves and repealing subdivision headings, further providing for improving or vacating streets by agreement, repealing subdivision heading, further providing for proceedings on petition, repealing provisions relating to grading restrictions, to notice, to contents of notice, to appeals from ordinance, to assessment of damages and benefits by viewers, to assessments to bear interest and collection, to grading, draining, curbing, paving or macadamizing streets or highways and collection of cost by foot front rule and to road material, ditches, drains and watercourses, providing for power to open drains and ditches, repealing a subdivision heading, further providing for provisions relating to trees, shrubbery and obstructions within limits of streets or highways, repealing a subdivision heading, further providing for provisions relating to protection of streets and highways from snowdrifts, repealing a subdivision heading and provisions relating to duty to erect, providing for naming of streets and for street lighting, ornamental lighting and traffic control signals and devices, further providing for penalty for destroying, repealing a subdivision heading, further providing for railroad crossings and for street permits, repealing a subdivision heading, further providing for provisions 20190HB2073PN3052 - 5 - relating to county aid in the improvement of township 20190HB2073PN2927 - 5 - streets, repealing provisions relating to penal provisions and to opening, making, amending and repairing streets and bridges by contracts with taxpayers and providing for boundary streets, for streets, the center line of which is the boundary between a township and another municipal corporation, for streets having more than half of their width within township and for assessment for improvements on property outside limits where street entirely within township;
in water supply and 20190HB2073PN3052 - 6 - waterworks, further providing for article heading and for 20190HB2073PN2927 - 6 - contract with water companies and municipality and development of own water supply, providing for public utility law saved and for rates, further providing for State permit, for occupation of highways and for property damages and bond by township, repealing provisions relating to appointment of viewers, further providing for water districts and application of taxpayers and for connection to water supply system, repealing provisions relating to connection to water supply system of municipality authorities, further providing for cost of connection and where payable and for default in payment of installment, repealing provisions relating to entry of liens and further providing for subdivision heading, for joint maintenance of works with municipality, for State permits and for commission of waterworks;
in actions by and against townships, further providing for 20190HB2073PN3052 - 7 - recovery of municipal claims by suit;
and, in repeals, 20190HB2073PN2927 - 7 - further providing for provisions relating to repeals and repealing provisions relating to inconsistent repeals.
"Pennsylvania Municipalities Planning Code." The act of July 20190HB2073PN3052 - 8 - 31, 1968 (P.L.805, No.247), known as the "Pennsylvania 20190HB2073PN2927 - 8 - Municipalities Planning Code." "Person." Includes a natural person, corporation, partnership, limited liability company, business trust, other association, government entity other than the Commonwealth, estate, trust or foundation.
(i) [Free non-sectarian libraries;] Any of the provisions of 20190HB2073PN3052 - 9 - 24 Pa.C.S.
20190HB2073PN2927 - 9 - (j) Crimes and offenses provided for in [the Penal Code.] 18 Pa.C.S.
(b) The board of commissioners shall have the corporate powers and duties and township officials shall have the powers and duties not only as set forth in this act but also as provided in other laws to the extent that the powers and duties 20190HB2073PN3052 - 10 - are not repealed by this act.
20190HB2073PN2927 - 10 - Section 106.
Legal Advertising.--(a) Whenever, under the 20190HB2073PN3052 - 11 - provisions of this act, notice is required to be published in 20190HB2073PN2927 - 11 - one [newspaper, such] or more newspapers, the publication shall be made in a newspaper of general circulation, as defined [by the Newspaper Advertising Act, approved May sixteenth, one thousand nine hundred and twenty-nine (Pamphlet Laws, one thousand seven hundred eighty-four)] in 45 Pa.C.S.
ARTICLE II CLASSIFICATION [AND CREATION OF TOWNSHIPS 20190HB2073PN3052 - 12 - OF THE FIRST CLASS], CREATION, REESTABLISHMENT 20190HB2073PN2927 - 12 - AND CHANGE OF NAME OF TOWNSHIPS Section 201.
Enrollment to Ascertain Population.--At any time not less than one year before the time fixed for taking a decennial census of the United States, whenever the owners of twenty-five per centum of the assessed valuation of the real estate of any township of the second class shall present their petition to the court of quarter sessions, averring that the population of the township is at least three hundred inhabitants to the square mile, and shall give such security as the court may prescribe for the payment of all costs and expenses which may be incurred in any procedure had upon said petition, the 20190HB2073PN3052 - 13 - court shall appoint a commissioner to perform the duties 20190HB2073PN2927 - 13 - hereafter prescribed.
The population density shall be determined from the most recent census data as made available by the United States Census Bureau, whether it is from the decennial census, 20190HB2073PN3052 - 14 - special census or from the Population Estimates Program.
20190HB2073PN2927 - 14 - (2) The board of supervisors of the township of the second class on its own initiative may, or within fifteen days after the receipt of a petition signed by at least five percent of the electors of the township of the second class shall, pass a resolution and record it on its minutes, submitting the question of whether the township of the second class shall be established as a township of the first class to the electors of the township of the second class.
When the township of the first class is organized and becomes effective, the terms of the officers of the township of the second class shall cease and the officers appointed by the court for the township under section 225 shall 20190HB2073PN3052 - 15 - take office.
If a majority of the votes cast at the election are 20190HB2073PN2927 - 15 - in favor of remaining a township of the second class, no further proceedings may be initiated for a period of two years from the date of the election.
Returns of Election and Effect Thereof.--The 20190HB2073PN3052 - 16 - election officers shall compute the votes cast at the election 20190HB2073PN2927 - 16 - provided for in the preceding section and make return thereof to the clerk of the court of quarter sessions, who shall tabulate the same and certify the result thereof to the county commissioners and the township supervisors of such township.
20190HB2073PN3052 - 17 - The said commissioner shall make an enrollment of the 20190HB2073PN2927 - 17 - inhabitants of such township and make report thereof to the court at the next ensuing term.
Returns of Election, and Effect Thereof.--At the first general or municipal election occurring at least ninety days after the ascertainment by special enrollment or from the last preceding United States 20190HB2073PN3052 - 18 - census, that any township of the first class no longer has a 20190HB2073PN2927 - 18 - population of at least three hundred inhabitants to the square mile, the question whether such township of the first class shall be reestablished as a township of the second class shall be submitted to the voters of the township, and the county board of elections shall cause to be printed, on separate ballots to be used in such township at such election, a proper question framed in accordance with the election laws of the Commonwealth.
Reestablishment of Townships of the Second Class.--A township of the first class may, no sooner than five 20190HB2073PN3052 - 19 - years after becoming a township of the first class, be 20190HB2073PN2927 - 19 - reestablished as a township of the second class as provided in the act of May 1, 1933 (P.L.103, No.69), known as "The Second Class Township Code." Section 8.
20190HB2073PN3052 - 20 - (b) At the first municipal election following the creation 20190HB2073PN2927 - 20 - of a township as provided in section 205.1, if the township has not been divided into wards, five township commissioners shall be elected at large.
Election of Tax Collector in New Townships.--At 20190HB2073PN3052 - 21 - the municipal election, the qualified electors of a new township 20190HB2073PN2927 - 21 - shall elect a tax collector for a two or four year term so that the term shall expire at the same time as the terms of tax collectors of other townships of the first class under the provisions of this act.
(b) If the court determines that the petition or resolution for change of name of the township is in proper form and 20190HB2073PN3052 - 22 - properly executed, the original petition or resolution shall be 20190HB2073PN2927 - 22 - filed with the clerk of the court.
Filing and Advertisement of Petition.--Upon determination by the court that the petition for change of name 20190HB2073PN3052 - 23 - of the township is in proper form and properly executed, and the 20190HB2073PN2927 - 23 - entry of the court order thereon, the original petition shall be filed with the clerk of the court and a copy of the petition and order of the court shall be filed with the county board of elections which shall frame the proper question to be submitted to the electors at the election ordered by the court.
Stream Boundaries.--[Whenever any township is bounded by the nearest margin of any navigable stream, and the opposite township, borough, or city, as the case may be,] If a township is bounded by the nearest margin of a navigable stream and an opposite municipal corporation is also bounded by the nearest margin of the same stream, the middle of [such] the stream shall be the boundary between [such] the township and the 20190HB2073PN3052 - 24 - opposite [township, borough or city.
Nothing contained in this 20190HB2073PN2927 - 24 - section shall be construed to repeal any local or special law providing to the contrary.] municipal corporation.
Prior to the hearing, the boundary commissioners shall have a registered professional surveyor, not appointed by the court as a boundary commissioner, survey the 20190HB2073PN3052 - 25 - disputed boundary line.
The survey shall be reviewed by the 20190HB2073PN2927 - 25 - boundary commissioners or a registered professional surveyor.
When any report is confirmed absolutely, the court shall enter a decree altering or ascertaining and establishing the lines and boundaries as shown in said report.] the report may be filed by an interested person or political subdivision within thirty days after the filing of 20190HB2073PN3052 - 26 - the report, and the court shall set a day for the hearing of the 20190HB2073PN2927 - 26 - exceptions.
20190HB2073PN3052 - 27 - Section 307.
Adjustment of Indebtedness.--[Whenever the 20190HB2073PN2927 - 27 - boundaries of any township have been altered or ascertained and established, the court of quarter sessions may adjust the taxes, debts, and expenses for township, municipal and school purposes between the townships, municipalities and school districts affected.] If the boundaries of a township are ascertained and established, the court of common pleas may adjust the taxes, debts and expenses for township, municipal and school purposes between the townships, municipal corporations and school districts affected.
Show all 500 changed lines (460 more)
(4) Divide any ward already erected into two or more 20190HB2073PN3052 - 28 - wards.
20190HB2073PN2927 - 28 - (5) Alter the lines of two or more adjoining wards.
20190HB2073PN3052 - 29 - (c) If a ward is abolished [as herein provided,] under this 20190HB2073PN2927 - 29 - section and the number of wards [shall be] in the township is reduced to less than five, then the commissioner or commissioners in the [ward or wards] abolished ward or wards shall continue in office for the term for which elected, and shall become a commissioner or commissioners at large from [such township as provided in this act, with respect to townships having less than five wards.] the township.
§§ 906 (relating to 20190HB2073PN3052 - 30 - contest of reapportionment by governing body) and 907 (relating 20190HB2073PN2927 - 30 - to costs and expenses of contest).
Election Districts.--The court of quarter 20190HB2073PN3052 - 31 - sessions may, from time to time, divide any such ward into two 20190HB2073PN2927 - 31 - or more election districts so as to suit the conveniences of the electors thereof.
20190HB2073PN3052 - 32 - If the number of wards into which the township has been 20190HB2073PN2927 - 32 - divided is less than five, then, at the municipal election preceding the expiration of the terms of any commissioner or commissioners [theretofore] elected at large, if [such] the expiration of terms will leave the township with less than five township commissioners, there shall be elected at large a sufficient number of township commissioners so that the total number of commissioners elected by wards and at large in the township shall thereafter be five.
Schedule of Election of Commissioners in Newly Created Wards.--[Whenever] If a new ward is created in a township previously divided into wards[, a new ward is created,] and the number of wards [thereafter in such] in the township, including the new ward, is less than five, then, at the next municipal election [next] following the expiration of the term of the commissioner or commissioners elected at large whose terms shall first expire after [such creation] the creation of the new ward, there shall be elected, by the registered electors 20190HB2073PN3052 - 33 - of [such] the new ward, one township commissioner, who shall 20190HB2073PN2927 - 33 - reside in the ward for which [he] the commissioner is elected, for a term of two or four years, so that the expiration of [his] the commissioner's term will harmonize with the expiration of terms of commissioners for [such] the even or odd numbered wards under the provisions of this act.
If the number of wards in [such] the township, including the new ward, [shall] will be more than five, the court of [quarter 20190HB2073PN3052 - 34 - sessions] common pleas shall appoint a township commissioner for 20190HB2073PN2927 - 34 - [such] the new ward, who shall hold office until the first Monday in January succeeding the first municipal election at which township commissioners are elected in [such] the even or odd the numbered wards under the provisions of this act, at which election, and every four years thereafter, a township commissioner, who shall reside in the ward, shall be elected by the qualified electors of [said] the ward for a term of four years.
Before being sworn into office, each elected township officer, or, except as provided under section 530, each appointed township officer in case of a vacancy in an elective office, shall present a signed affidavit to the township secretary stating that the officer resides in the township, or within the ward in the case of a ward office, from which elected or appointed and has resided in the township or ward 20190HB2073PN3052 - 35 - continuously for at least one year immediately prior to the 20190HB2073PN2927 - 35 - officer's election or appointment.
Elected Officers [Enumerated].--(a) The electors of each township shall elect [(a) at least five 20190HB2073PN3052 - 36 - township commissioners, (b) one township tax collector and (c) 20190HB2073PN2927 - 36 - except as otherwise hereinafter provided, three elected auditors or one appointed auditor, or one controller where such office has been established.
20190HB2073PN3052 - 37 - (2) One township tax collector, and the following shall 20190HB2073PN2927 - 37 - apply:
(ii) The board of commissioners may provide by 20190HB2073PN3052 - 38 - ordinance for the appointment of an independent auditor, 20190HB2073PN2927 - 38 - in lieu of providing for the election of three auditors, as provided in subparagraph (i) or one controller as provided in paragraph (4).
(i) The provisions of this act relating to the controller shall not become operative or effective until the board of commissioners shall, by ordinance, accept the provisions of this act relating to the office of 20190HB2073PN3052 - 39 - controller.
20190HB2073PN2927 - 39 - (ii) When a township has provided by ordinance for the office of an elected controller, the board of commissioners shall petition the court of common pleas to appoint a controller to hold office until the first Monday of January next succeeding the next municipal election when a controller shall be elected.
(b) The terms of each elected officer under this section 20190HB2073PN3052 - 40 - shall begin the first Monday of January next succeeding the 20190HB2073PN2927 - 40 - individual's election.
At each 20190HB2073PN3052 - 41 - municipal election, two or three township commissioners, as the 20190HB2073PN2927 - 41 - case may be, shall be elected for terms of four years each, from the first Monday of January next succeeding, to take the place of the commissioners whose terms then expire.
Any township may, instead of electing three auditors as above 20190HB2073PN3052 - 42 - provided or one controller as hereinafter provided, provide, by 20190HB2073PN2927 - 42 - ordinance, for the audit of its accounts by an independent auditor who shall be a certified public accountant, registered in Pennsylvania, a firm of certified public accountants so registered, or a competent public accountant, or a competent firm of public accountants.
20190HB2073PN3052(f) -Controller 4320190HB2073PN2927 - (f)43 Controller- Section 525.
Vacancies in General.--(a) If a vacancy occurs 20190HB2073PN3052 - 44 - in the office of township commissioner, auditor, controller, or 20190HB2073PN2927 - 44 - tax collector by death, resignation, removal provided in section 604, termination of residency from the township or ward in the case of a ward office, or by failure to take the required oath, give required bond or provide the affidavit required under section 501, or otherwise, the board of [township] commissioners shall fill the vacancy within thirty (30) days by appointing by resolution a registered elector of the township or ward in the case of a ward office, in which the vacancy occurs.
(b) If the board of [township] commissioners of any township shall refuse, fail, or neglect, or be unable for any reason 20190HB2073PN3052 - 45 - whatsoever, to fill a vacancy within thirty (30) days after the 20190HB2073PN2927 - 45 - vacancy occurs, then the vacancy board shall fill the vacancy within fifteen (15) additional days by appointing a registered elector of the township or ward in which the vacancy occurs.
Oath.--Every person elected or appointed to any 20190HB2073PN3052 - 46 - township office in any township shall, before entering upon the 20190HB2073PN2927 - 46 - duties of [his] office, take and subscribe an oath or affirmation of office under 53 Pa.C.S.
Compensation.--(a) Elected officers of townships other than tax collector shall receive [such] a 20190HB2073PN3052 - 47 - salary, compensation or emoluments of office as may from time to 20190HB2073PN2927 - 47 - time be fixed by ordinance of the township in accordance with [provisions of section 703.] this act.
Annuities in Lieu of Joining Pension or 20190HB2073PN3052 - 48 - Retirement System.--(a) A township may provide, by ordinance, 20190HB2073PN2927 - 48 - [provide as compensation] to employes of not less than ten years of satisfactory service and who are not less than sixty years of age upon termination of active employment with the township a proportion of the compensation last paid to them but not in excess of [fifty per centum thereof, as fixed in said ordinance or amendment thereto.] 50% of the compensation.
[The intent and purpose of this section is to permit townships, without levying any special tax or exceeding the existing tax limitation for general revenue purposes, to pay to their employes who are too old to advantageously join any pensioning or retirement system a reasonable annuity in lieu of joining a pension or retirement system, and who are not and cannot now be socially protected by any Federal social security system.] (d) Upon the effective date of this subsection, a township may not provide for an annuity in lieu of employes joining a 20190HB2073PN3052 - 49 - pension or retirement system.
Nothing in this subsection shall 20190HB2073PN2927 - 49 - be construed to affect the rights of any current or retired employes or appointees of a township entitled to payments granted in accordance with any annuity entered into prior to the effective date of this subsection.
Such certificate shall entitle him to collect from the township treasurer 20190HB2073PN3052 - 50 - expenses which shall be limited to the registration fee, mileage 20190HB2073PN2927 - 50 - for use of personal vehicle or reimbursement of actual transportation expense going to and returning from such meeting plus all other actual expenses that the township commissioners may have agreed to pay.
The mayor of any city, the burgess of any borough, or their duly appointed representative, the county commissioners, and the judges of the court in the county, the township engineer of the State Highway 20190HB2073PN3052 - 51 - Department, the assistant engineers of the division of township 20190HB2073PN2927 - 51 - highways, and the superintendent of State highways in charge of such county, shall be eligible to membership, but shall not be entitled to vote nor to hold office.] Section 27.
The association shall function 20190HB2073PN3052 - 52 - under these bylaws for advancing the interest of and betterment 20190HB2073PN2927 - 52 - of township government in townships of the first class.
The board of commissioners, may, by motion, designate no more than two township officers, other than the townships commissioners or the delegate, to attend each annual meeting and educational conference as nondelegates and authorize township employees to attend each annual meeting and 20190HB2073PN3052 - 53 - educational conference.
20190HB2073PN2927 - 53 - (b) In addition to each annual meeting and educational conference as specified under subsection (a), the board of commissioners may authorize township officers and employes of the township to attend other conferences or educational training of the association.
No 20190HB2073PN3052 - 54 - delegate shall receive expenses for more than four days 20190HB2073PN2927 - 54 - including the time employed in traveling thereto and therefrom, together with mileage going to and returning from the meeting.
The township commissioners may authorize township employes to be 20190HB2073PN3052 - 55 - compensated at their regular employe rate during their 20190HB2073PN2927 - 55 - attendance at the annual meeting.] Section 32.
Expenses of Members.--(a) The board of commissioners,commissioners NEWLY ELECTED <-- TOWNSHIP COMMISSIONERS PRIOR TO OFFICIALLY TAKING OFFICE and other township officers designated by the board shall attend the conferences or educational training whenever possible.
(b) The certificate shall authorize an officer to collect from the township treasurer expenses which shall be limited to the registration fee, mileage for use of personal vehicle or reimbursement of actual transportation expense going to and returning from a conference or educational training, plus all 20190HB2073PN3052 - 56 - other actual expenses that the board of commissioners may have agreed to pay.
Each officer attending a conference or educational training shall submit to the board of commissioners 20190HB2073PN2927 - 56 - an itemized account of expenses incurred.
Representatives of political subdivisions other than townships of the first class within the county, the judges of the court of common pleas in the county and engineers or other personnel from the Department of Transportation shall not be entitled to vote at the conference or hold office in the 20190HB2073PN3052 - 57 - association.
Subdivision (d) heading and sections 625, 626, 627, 628, 629, 630, 631, 632, 633, 634, 635, 636, 637, 638, 639, 20190HB2073PN2927 - 57 - 640, 641, 642, 643, 644, 645, 646, 647 and 648 of the act are amended to read:
(d) No [person shall hereafter] individual shall be suspended, removed or [reduced in rank] demoted as a paid 20190HB2073PN3052 - 58 - employe in any police force or as a paid [operator of fire apparatus] firefighter of any township, except in accordance with the provisions of this subdivision.
20190HB2073PN2927 - 58 - (e) Nothing in this subdivision shall apply to retirement or be construed to prevent a township from adopting a compulsory retirement age for the township's employes or any class of employes or to prevent the township from retiring the township employes automatically when they attain the compulsory retirement age.
20190HB2073PN3052 - 59 - (b) The commission shall consist of three civil service commissioners who shall be qualified electors of the township and shall be appointed by the board of commissioners initially 20190HB2073PN2927 - 59 - to serve for the terms of two, four and six years.
(f) The civil service commissioners shall receive no 20190HB2073PN3052 - 60 - compensation.
Offices Incompatible With Civil Service Commissioner.--No civil service commissioner shall at the same 20190HB2073PN2927 - 60 - time hold an elective or appointed office under the United States government, the Commonwealth of Pennsylvania, or any political subdivision of the Commonwealth, except that one member of the commission may be a member of the board of [township] commissioners.
[No action of the commission shall be valid unless it shall 20190HB2073PN3052 - 61 - have the concurrence of at least two members.] (d) An action by the commission shall only be valid if the commission has the concurrence of a majority of the quorum.
20190HB2073PN2927 - 61 - Section 629.
The 20190HB2073PN3052 - 62 - board of commissioners may not promulgate rules and regulations, or amendments to them, for carrying into effect the provisions of this subdivision.
The board of commissioners may make 20190HB2073PN2927 - 62 - suggestions regarding proposed rules and regulations or amendments to the rules and regulations to members of the commission for their consideration.
All recommendations of applicants for appointment received by the commission shall be kept and preserved for a period of five years, and all [such] records and 20190HB2073PN3052 - 63 - all written causes of removal filed with the commission, except as otherwise provided in section 645, shall be subject to reasonable regulation and open to public inspection in 20190HB2073PN2927 - 63 - accordance with the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.
20190HB2073PN3052 - 64 - If any person shall refuse or neglect to obey any subpoena issued by the commission, it may apply by petition to the court of common pleas of the county for its subpoena requiring the 20190HB2073PN2927 - 64 - attendance of such persons before the commission or the court, there to testify and to produce any records and papers necessary, and in default thereof shall be held in contempt of court.] (c) If an individual refuses or neglects to obey a subpoena issued by the commission, the individual shall, upon conviction, be sentenced to pay a fine no less than $250 and no more than $500.
General Provisions Relating to Examinations.-- (a) The commission shall make rules and regulations to be approved as provided in section 630 [hereof], providing for the examination of applicants for positions in the police force and 20190HB2073PN3052 - 65 - as paid [operators of fire apparatus] firefighters and for promotions, which rules and regulations shall prescribe the minimum qualifications of all applicants to be examined and the 20190HB2073PN2927 - 65 - passing grades.
A physical fitness or agility examination that is job related and consistent with 20190HB2073PN3052 - 66 - business necessity and physical and psychological medical examinations may, but need not, be required for promotions.
(b) Public notice of the time and place of every 20190HB2073PN2927 - 66 - examination, together with the information as to the kind of position [or place] to be filled, shall be given by publication once in a newspaper of general circulation [in the township or in a newspaper circulating generally in the township] at least two weeks prior to each examination, and a copy of the notice shall be prominently posted in the office of the commission or other public place.
20190HB2073PN3052 - 67 - (1) is found to lack any of the minimum qualifications for examination prescribed in the rules and regulations adopted for the position or employment for which [he has applied, or who is 20190HB2073PN2927 - 67 - physically unfit for the performance of the duties of the position to which he seeks employment, or who is illegally using a controlled substance, as defined in section 102 of the Controlled Substances Act (Public Law 91-513, 21 U.S.C.
or 20190HB2073PN3052 - 68 - (6) is affiliated with any group which have policies or engage in activities that are subversive to the form of government established in Federal or State law.
20190HB2073PN2927 - 68 - (b) If an applicant is aggrieved by the commission's refusal to certify the applicant as eligible after an examination or an individual is aggrieved by the commission's refusal to examine the individual, the commission shall, at the request of the applicant or individual aggrieved, set a date, time and place for a public hearing within 10 days after the receipt of the request for a public hearing.
Eligibility List and Manner of Filling Appointments.--(a) At the completion of the testing process, including a physical agility or other [examinations, with the exception of any background investigations to be conducted after the establishment of an eligibility list and physical and psychological medical examinations pursuant to section 643 of this act,] examination, with the exception of a background investigation to be conducted after the establishment of an eligibility list and physical and psychological medical examination under section 643, the commission shall rank the 20190HB2073PN3052 - 69 - candidates who have satisfied the minimum requirements for appointment on an eligibility list.
The eligibility list shall contain the names of individuals eligible for appointment listed 20190HB2073PN2927 - 69 - from highest to lowest based on their scores on the examinations administered by the commission and any points for which the applicant was entitled by virtue of 51 Pa.C.S.
Should such objections be sustained by the commission, as provided in section 637, or if the conditional appointee is determined to be 20190HB2073PN3052 - 70 - unqualified in accordance with the procedures set forth in section 643 of this act, the commission shall strike the name of the person from the eligibility list and certify the next 20190HB2073PN2927 - 70 - highest name for each name stricken from the eligibility list.
(4) If any objections are sustained by the commission under paragraph (3), or if the conditional appointee is determined to be unqualified in accordance with the procedures set forth under section 643, the commission shall strike the name of the individual from the eligibility list and certify the next highest individual from names stricken 20190HB2073PN3052 - 71 - from the eligibility list.
(b.1) The procedure under subsection (b) shall be used to fill each subsequent vacancy that occurs in the same or another 20190HB2073PN2927 - 71 - position.
20190HB2073PN3052 - 72 - Section 639.
The 20190HB2073PN2927 - 72 - commissioners may, at their option, accept applications from non-residents of the township and may, by ordinance, require non-resident policemen and firemen to become residents of the township after appointment to such positions.] No individual shall be eligible to apply for examination unless the individual is at least 18 years of age at the date of application.
If the probationer is not notified or dismissed in accordance with this 20190HB2073PN3052 - 73 - section, his retention shall be equivalent to a permanent appointment.] (b) If, at the close of a probationary period, the conduct 20190HB2073PN2927 - 73 - or fitness of the probationer has not been satisfactory to the board of commissioners, the probationer shall be notified in writing that the probationer will not receive a permanent appointment and the appointment shall cease.
Provided, however, That nothing herein contained shall prevent the appointment without examination of persons temporarily as police officers in cases of riot or other emergency or of operators of fire apparatus in 20190HB2073PN3052 - 74 - emergency cases.] (a) If there are urgent reasons for the filling of a vacancy in a position in the police force and there are no names on the eligibility list for the appointment, the 20190HB2073PN2927 - 74 - board of commissioners may nominate an individual to the commission for a noncompetitive examination.
(b) The board of commissioners shall notify the commission of a vacancy on the police force or fire department which is to be filled by promotion and shall request the certification of an 20190HB2073PN3052 - 75 - eligibility list.
(c) The commission shall certify for each vacancy the names of [the three persons] three individuals on the eligibility list 20190HB2073PN2927 - 75 - who have received the highest average in the last promotion examination held within a period of two years preceding the date of the request for the eligibility list.
(b) The physician [or], other qualified medical professional [and the], psychiatrist or psychologist shall be appointed by 20190HB2073PN3052 - 76 - the [township] board of commissioners and shall render an opinion as to whether the conditional appointee has a physical or mental condition which calls into question the [person's] 20190HB2073PN2927 - 76 - individual's ability to perform all of the essential functions of the position for which the [person] individual was conditionally appointed.
"Medical examination" shall mean any examination, procedure, 20190HB2073PN3052 - 77 - inquiry or test designed to obtain information about medical history or a physical or mental condition which might disqualify an applicant if it would prevent the applicant from performing, 20190HB2073PN2927 - 77 - with or without a reasonable accommodation, all of the essential functions of the position.
(6) engaging or participating in conducting of any political or election campaign otherwise than to exercise his own right of 20190HB2073PN3052 - 78 - suffrage, except that this clause shall only apply to a police officer while on duty or in uniform or while using any township property.
A police officer may also be suspended, removed or 20190HB2073PN2927 - 78 - reduced in rank for engaging or participating in the conduct of any political or election campaign for an incompatible office pursuant to section 1401.
20190HB2073PN3052 - 79 - (a.2) A written statement of charges made against an individual employed shall be furnished to the individual within five days after the same statement of charges are filed with the 20190HB2073PN2927 - 79 - commission.
The commission shall grant the individual a hearing which shall be held within a period of ten days from the filing of written 20190HB2073PN3052 - 80 - charges [in writing], unless continued by the commission for cause at the request of the [township] board of commissioners or the accused.
The failure of the commission to hold a hearing 20190HB2073PN2927 - 80 - within ten days from the filing of the written charges shall not result in the dismissal of the charges filed.
[Such] The appeal shall be taken within [sixty] 30 days 20190HB2073PN3052 - 81 - from the date of entry by the commission of its final order and shall be by petition.
Upon [such] the appeal being taken and docketed, the court of common pleas shall [fix] schedule a day 20190HB2073PN2927 - 81 - for a hearing and shall proceed to hear the appeal on the original record and [such] additional proof or testimony as the parties concerned may desire to offer in evidence.
(e) In any case in which a police officer or firefighter who 20190HB2073PN3052 - 82 - is a member of a bargaining unit is subject to suspension, discharge or discipline, the police officer or firefighter shall have the option of challenging the suspension, discharge or 20190HB2073PN2927 - 82 - discipline imposed by using the procedures provided in this section or by a proceeding in grievance arbitration.
All disclosures by an 20190HB2073PN3052 - 83 - applicant of information protected by antidiscrimination laws shall be ignored.
(b) No discrimination shall be exercised, threatened or 20190HB2073PN2927 - 83 - promised by [any] a person against or in favor of [any] an applicant or employe [because of political or religious opinions or affiliations or race,] in violation of Federal or State antidiscrimination laws, such as the Civil Rights Act of 1964 or the Pennsylvania Human Relations Act, and no offer or promise of reward, favor or benefit, directly or indirectly, shall be made to or received by [any person] an individual for [any] an act done or duty omitted or to be done under this subdivision [of this article].
20190HB2073PN3052 - 84 - [Section 649.
Salaries of Civil Service Commission.--The civil service commissioners of townships shall receive no compensation.] 20190HB2073PN2927 - 84 - Section 35.
If the first Monday is a legal holiday the meeting shall be held the [first 20190HB2073PN3052 - 85 - day following.
Until otherwise designated by ordinance, the place of meeting 20190HB2073PN2927 - 85 - shall be the oldest polling place in the township.
The rule shall be returnable not less than five days from the time of its issue, and after hearing, the court may declare the seats of [any delinquent vacant, and appoint 20190HB2073PN3052 - 86 - others in their stead] the members of the board responsible for the failure to organize vacant, and shall appoint others in their place to hold office for the respective unexpired terms.
20190HB2073PN2927 - 86 - [The meeting under this section may be considered as a regular monthly meeting for the transaction of such business as comes before it.
(b.1) Telecommunication.-- 20190HB2073PN3052 - 87 - (1) The board of commissioners may, pursuant to an established telecommunications policy and as provided in paragraph (2), provide for the participation of members of 20190HB2073PN2927 - 87 - the board in township meetings by means of telecommunication devices, such as telephones or computer terminals, which permit, at a minimum, audio communication between locations, if the following apply:
(iii) The telecommunication device used permits the members of the board and the members of the public who are physically present at the meeting to speak to and 20190HB2073PN3052 - 88 - hear the comments and the vote, if any, of the member or members of the board who are not physically present at the meeting.
20190HB2073PN2927 - 88 - (2) Any changes to the board of commissioner's established telecommunications policy shall become effective no sooner than thirty days following the vote to change the policy.
Compensation.--[Each township commissioner may receive a salary, established by ordinance, of not more than one thousand eight hundred seventy-five dollars per year in townships having a population of less than five thousand, not more than two thousand five hundred dollars per year in townships having a population of five thousand or more but less than ten thousand, not more than three thousand two hundred fifty dollars per year in townships having a population of ten thousand or more but less than fifteen thousand, not more than four thousand one hundred twenty-five dollars per year in townships having a population of fifteen thousand or more but less than twenty-five thousand, not more than four thousand three hundred seventy-five dollars per year in townships having a population of twenty-five thousand or more but less than thirty-five thousand, and not more than five thousand dollars per year in townships having a population of thirty-five 20190HB2073PN3052 - 89 - thousand or more.
Benefits provided to the commissioners under section 1502(LXIII) 20190HB2073PN2927 - 89 - shall not be considered pay, salary or compensation;
(a.1) Notwithstanding subsection (a), the board of 20190HB2073PN3052 - 90 - commissioners may provide for a member of the board of commissioners to receive compensation on a per-meeting basis based on attendance of board members.
Total annual compensation 20190HB2073PN2927 - 90 - may not exceed the amounts specified in subsection (a).
Reports to Auditors.--[The township commissioners shall annually, on or before the first day of February, furnish to the township auditors such accurate information concerning the construction, reconstruction, maintenance and repair of the streets and the purchase of equipment and machinery and road mileage as may be required to enable the auditors to make the annual township report hereinafter prescribed.] The board of commissioners shall 20190HB2073PN3052 - 91 - annually, on or before the first day of February, furnish to the township auditors information concerning the construction, reconstruction, maintenance and repair of streets or other 20190HB2073PN2927 - 91 - matters that may be required by a department of the Commonwealth to be included in the annual township report.
The board of township commissioners shall determine the compensation of the deputy treasurer.] (1) The township treasurer shall, within 60 days of the treasurer's appointment, nominate to the board of commissioners a person to be appointed by the board as the 20190HB2073PN3052 - 92 - deputy treasurer.
20190HB2073PN2927 - 92 - (2) The deputy treasurer shall have the rights and powers and shall perform the duties of the township treasurer if the township treasurer is unable to perform the duties of office due to sickness, absence or inability to act.
20190HB2073PN3052 - 93 - The treasurer shall not, in any event, be required to give bond or bonds aggregating an amount in excess of the taxes to be paid over to [him] the treasurer by the tax collector.
The bonding 20190HB2073PN2927 - 93 - requirements of this section shall also apply to the deputy treasurer.
The order 20190HB2073PN3052 - 94 - shall not be executed unless there is money available in the treasury.
(i) Nothing in this act shall be construed to 20190HB2073PN2927 - 94 - preclude the use of electronic signatures and transactions to the extent authorized by the act of December 16, 1999 (P.L.971, No.69), known as the "Electronic Transactions Act," or any other law.
20190HB2073PN3052 - 95 - The following shall apply:
(1) The board of [township] commissioners shall designate by resolution a depository or depositories for 20190HB2073PN2927 - 95 - township funds.
(5) [No township treasurer or deputy treasurer complying with the provisions of this section, nor his surety or sureties, shall be chargeable with losses] The township treasurer or deputy treasurer, acting in accordance with law, shall not be liable for the loss of township funds caused 20190HB2073PN3052 - 96 - solely by the [failure] insolvency or negligence of the depository or depositories.
[(6) The depository or depositories shall furnish a bond 20190HB2073PN2927 - 96 - to secure payment of deposits of township funds and any interest to the township, with a proper warrant to confess judgment in favor of the township, secured by a surety company or individual sureties to be approved by the board of commissioners, or deposit obligations of the United States, or the Commonwealth of Pennsylvania or any political subdivision thereof, to secure the payment of township deposits and any interest thereon.
(i) The designated depositories shall, upon receipt of notice of their selection as a depository of township funds, collateralize deposits of public funds in accordance with the act of August 6, 1971 (P.L.281, 20190HB2073PN3052 - 97 - No.72), entitled, "An act standardizing the procedures for pledges of assets to secure deposits of public funds with banking institutions pursuant to other laws;
20190HB2073PN2927 - 97 - establishing a standard rule for the types, amounts and valuations of assets eligible to be used as collateral for deposits of public funds;
The arrangement with the depository may be governed by a written agreement, approved by the board of directors or loan committee of the depository, with approval reflected in the minutes of the board or committee, which are kept continuously as an official record of the depository, and 20190HB2073PN3052 - 98 - include the following if collateral is pledged instead of a Federal Home Loan Bank Letter of Credit:
(A) Collateral shall be marked to market no less 20190HB2073PN2927 - 98 - frequently than weekly.
(2) No such ordinance or resolution may authorize the collection of income taxes in a manner other than as provided 20190HB2073PN3052 - 99 - in Chapter 5 of The Local Tax Enabling Act.
(c) Other powers and duties.--In addition to the powers, duties and responsibilities under this act, the tax collector 20190HB2073PN2927 - 99 - shall exercise all the powers and perform all the duties and be subject to all the obligations and responsibilities for the collection of taxes as are conferred upon tax collectors by law.
The assistant secretary may be appointed from the membership of the board of township commissioners but shall not be any other officer thereof and when so appointed, shall 20190HB2073PN3052 - 100 - not receive compensation for such services and shall be bonded.] The board of commissioners may, by resolution, appoint an assistant secretary.
The assistant secretary shall assist the 20190HB2073PN2927 - 100 - secretary in the performance of the secretary's duties and, in the absence or disability of the secretary, perform the duties and exercise the powers of the secretary.
20190HB2073PN3052 - 101 - (3) Record appropriations made by the board of commissioners and the amounts charged to each appropriation.
(4) Perform other duties as required by law or the board 20190HB2073PN2927 - 101 - of commissioners.
(1) Audit, settle, and adjust the accounts of the township commissioners, township treasurer, tax collector, secretary, and other officers and persons receiving and disbursing or 20190HB2073PN3052 - 102 - authorizing the disbursement of the moneys of the township during the preceding fiscal year.
[The auditors shall make an audit of] 20190HB2073PN2927 - 102 - (2) Audit the dockets, transcripts, and other official records of the offices of the [justice of the peace] magisterial district judge of the township to determine the amounts of fines and costs paid or due to the township.
and in townships having a population of ten thousand and more, forty days.] (3) As directed by the board of commissioners, audit and report to the board of commissioners on the accounts of every officer of the township, upon the death, resignation, removal or 20190HB2073PN3052 - 103 - expiration of the term of the officer.
(c) Unless otherwise agreed to by the auditors and the person being audited, the audit shall be conducted at the place 20190HB2073PN2927 - 103 - the records of the person are normally kept.
and 20190HB2073PN3052 - 104 - (iii) any persons whom it may be necessary to examine as [witnesses, and to compel their attendance by attachment, in like manner as any court of common pleas may in cases pending 20190HB2073PN2927 - 104 - before them, and may also compel the production of all books, vouchers, and papers relative to such accounts.
Publication of Financial Statements.--] Completion, Filing and Publication of Auditor's Report and Financial Statement.--(a) The auditors shall complete [their] the annual audit, settlement, and adjustment [within as short a time as possible, and shall file copies thereof with the secretary of the township, the clerk of the court or the prothonotary, as may be provided by local rules 20190HB2073PN3052 - 105 - of court, the Department of Community Affairs and the Department of Highways not later than ninety days after the close of the fiscal year.
Any officer or person whose act or neglect has 20190HB2073PN2927 - 105 - contributed to the financial loss of the township shall be surcharged by the auditors with the amount of such loss.
[Any auditor 20190HB2073PN3052 - 106 - refusing or wilfully neglecting to file an auditors' report shall, upon conviction thereof, in a summary proceeding be sentenced to pay a fine of five dollars for each day's delay 20190HB2073PN2927 - 106 - beyond the time fixed herein for the filing of such report and costs.
Any penalty recovered shall be paid into the treasury of the township.] who fails to comply with the provisions of this subdivision commits a summary 20190HB2073PN3052 - 107 - offense.
[Employment and Compensation of Attorney.--] Attorney to Auditors.--(a) The auditors[, in case of] may 20190HB2073PN2927 - 107 - employ an attorney if a disagreement [with] occurs between the auditors and any official or board of officials whose accounts [they] the auditors are required to audit[, may employ an attorney.
Surcharge by Auditors.--(a) The amount of a balance or shortage or of an expenditure of a kind or made in a manner prohibited or not authorized by statute that causes a financial loss to the township shall be a surcharge against an 20190HB2073PN3052 - 108 - officer or person responsible for the balance or shortage, or who by vote, act or neglect has permitted or approved the expenditure.
20190HB2073PN2927 - 108 - (b) The following shall apply:
As used 20190HB2073PN3052 - 109 - in this paragraph, the term "solicitor" shall include a special counsel appointed by the township for a specific matter.
(c) In any matter involving a financial transaction, an 20190HB2073PN2927 - 109 - officer knowingly and wilfully acting contrary to law commits a misdemeanor and, upon conviction, may be sentenced to pay a fine not exceeding one hundred dollars.
Collection of Surcharges.--[The auditors or any] Any auditor, registered elector or taxpayer of the township may enforce the collection of a judgment entered for a surcharge for the benefit of the township, by any appropriate action or 20190HB2073PN3052 - 110 - execution, upon filing in the court of common pleas a bond, with one or more sureties (in the case of a registered elector or taxpayer), conditioned to indemnify the township from all costs 20190HB2073PN2927 - 110 - [which may accrue in] of the proceedings undertaken by [such] the registered elector or taxpayer, subject, however, to all rights of appeal from the report of the auditors granted by this [article] subarticle.
[Consolidation of Appeals.--When] Procedure on Appeals.--(a) In any proceeding upon an appeal from a report of the auditors, the accounts of the officer or the person in 20190HB2073PN3052 - 111 - question may be investigated de novo, and the burden shall be upon each officer or person whose accounts are involved in the appeal of establishing the right to credits claimed by the 20190HB2073PN2927 - 111 - officer or person, but the opposing party in the appeal may use any facts, figures or findings of the report of the auditors as prima facie evidence against any officer or person.
[Judgment] Findings of Facts and Law, Judgment 20190HB2073PN3052 - 112 - and Appeals.--After hearing, the court shall file its findings of fact and law and enter judgment [in accordance therewith] accordingly, and the judgment [so] entered may be enforced by 20190HB2073PN2927 - 112 - the prevailing party by any appropriate proceedings [by any auditor, officer, registered elector, or taxpayer of the township].
(1) If, in the opinion of the court, the final determination is more favorable to the township officer involved than that awarded by the auditors, the township shall pay reasonable attorney fees or, under paragraph (3), a portion of reasonable attorney fees incurred by the officer in connection with the 20190HB2073PN3052 - 113 - surcharge proceeding.
(2) If, in the opinion of the court, the final determination is more favorable to the township than that awarded by the 20190HB2073PN2927 - 113 - auditors in the case of an appeal taken by the township or a taxpayer, the township officer who is the subject of the surcharge proceeding shall pay reasonable attorney fees or, under paragraph (3), a portion of reasonable attorney fees incurred by the township, elector or taxpayer in connection with the surcharge proceeding.
If an ordinance has been enacted for the appointment of an independent auditor in lieu of elected auditors under section 20190HB2073PN3052 - 114 - 503(a)(3), the board of commissioners shall appoint an independent auditor by resolution and the provisions of this subarticle shall apply.
The independent auditor shall be a 20190HB2073PN2927 - 114 - certified public accountant or a firm of certified public accountants.
20190HB2073PN3052 - 115 - (d) Definition.--As used in this subarticle, the term "annual audit and financial report" means the report that is presented on the uniform form as provided in section 1052(d).
20190HB2073PN2927 - 115 - Section 1052.
20190HB2073PN3052 - 116 - (d) Presentation.--The annual audit report and annual financial statements shall be presented on a uniform form prepared and furnished as provided in section 1701a.
20190HB2073PN2927 - 116 - (e) Appeal.--Nothing in this subarticle shall prohibit a registered elector or taxpayer from appealing an annual audit and financial report of the independent auditor in accordance with and subject to the procedures in sections 1009, 1010, 1012, 1016, 1017 and 1019 if the registered elector or taxpayer believes a surcharge as described in section 1006.1 should exist against an officer or person.
[The township controller may, at the instance of a taxpayer, 20190HB2073PN3052 - 117 - and by rule upon him for that purpose, be compelled to justify his bond as to the amount thereof before the court of common pleas.] 20190HB2073PN2927 - 117 - (c) In lieu of the bond required for the faithful performance by the township controller of official duties, the board of commissioners may purchase insurance as provided in section 602(b).
[He] In the authentication of any account or claim or demand against the township, the controller shall have the same power and 20190HB2073PN3052 - 118 - authority as the elected township auditors to obtain the attendance of parties and witnesses and the production of documents and to administer oaths and affirmations.
An 20190HB2073PN2927 - 118 - individual guilty of swearing or affirming falsely before the controller commits perjury.
No banker or banking institution, its officers or agents, shall be subject to prosecution under other laws of this Commonwealth for disclosing any such information with respect to 20190HB2073PN3052 - 119 - [any such] an account[.
(4) immediately upon the discovery of any default, irregularity or delinquency, report the same to the board of 20190HB2073PN2927 - 119 - commissioners[.
20190HB2073PN3052 - 120 - Section 1105.
[Controller to Prevent Appropriation Over Drafts] Prevention of Appropriation Overdrafts.--The township controller shall not permit any appropriation made by the board 20190HB2073PN2927 - 120 - of [township] commissioners to be overdrawn.
Management and Improvement of Township 20190HB2073PN3052 - 121 - Finances.--The township controller shall, as often as [he] the controller may deem expedient or the board of commissioners shall direct, suggest plans to the board of commissioners for 20190HB2073PN2927 - 121 - the management and improvement of the township finances.
Controller to Retain [Books, Documents, Et Cetera,] Financial Records, Pending Appeals.--Every township controller shall retain [in his] possession, during the forty- five days' period elapsing between the date of filing [his] the report and the expiration of the time for filing the appeal [therefrom, all books, documents, vouchers, checks and other 20190HB2073PN3052 - 122 - papers which have been procured before him in the course of his audit of the accounts of township officers, and, if any appeal shall be taken, shall continue to hold the same for production 20190HB2073PN2927 - 122 - in the proceeding to determine the appeal.] from the report, all financial records and other papers that were submitted to the controller for audit of the accounts of township officers.
Bond.--The township solicitor shall, if the board of commissioners so requires, give a bond to the township, 20190HB2073PN3052 - 123 - with a surety company or other company authorized by law to act as surety, to be approved by the board of commissioners, in such sum as it shall by ordinance or resolution direct, conditioned 20190HB2073PN2927 - 123 - for the faithful performance of his duty.] Section 40.
he shall commence and prosecute all actions brought by the township for or on account of any of the estates, rights, trusts, privileges, claims, or demands, as well as defend all actions or suits against the township, or any officer thereof, wherein or whereby any of the estates, rights, privileges, trusts, ordinances, or accounts of the township may 20190HB2073PN3052 - 124 - be brought in question before any court in the Commonwealth;
and shall do every professional act incident to the office which he may be authorized or required to do by the board of 20190HB2073PN2927 - 124 - commissioners or by any ordinance or resolution.
Filling of Vacancies.--The board of commissioners at the commencement of 20190HB2073PN3052 - 125 - the fiscal year in any even-numbered year, or as soon thereafter as may be practicable, may elect, by a vote of a majority of the members, one person as township engineer, who shall be a 20190HB2073PN2927 - 125 - registered civil engineer.
No department or officer of the township shall employ or retain any additional engineer, except with the consent and ratification of the board 20190HB2073PN3052 - 126 - of commissioners.] (a) Except where the board of commissioners has appointed an engineer for a specific matter, the township engineer shall 20190HB2073PN2927 - 126 - direct and control the engineering matters of the township.
Certificate of Commencement and of Completion of Municipal Improvements.-- (a) The township engineer shall[, immediately after the 20190HB2073PN3052 - 127 - completion of any municipal improvement, the cost of which, in whole or in part, is to be paid by the owner of the abutting property, make certificate in which he shall state the day or 20190HB2073PN2927 - 127 - time on which the particular improvement was completed, and shall file the same with the township secretary, who shall enter the said day or time of completion of the work in a book to be kept by him for said purpose.
20190HB2073PN3052 - 128 - [(b) Real Estate Registry Section 1310.
Provisions for Registration of Real Estate.-- For the purpose of procuring accurate information in reference 20190HB2073PN2927 - 128 - to the ownership of all real estate, the board of township commissioners may provide, by ordinance for the registry thereof in the manner following.
but nothing therein or in this article shall invalidate any municipal or tax claim by reason of the fact that the same is 20190HB2073PN3052 - 129 - not assessed or levied against the registered owner.
Certified Copies of Entries Admissible as Evidence.--Certified copies, under the hand of the said 20190HB2073PN2927 - 129 - engineer, of any of the entries in said books, or upon said maps or plans shall be received in evidence in the same manner as the books, maps and plans themselves might be admissible for such purposes;
20190HB2073PN3052 - 130 - Section 1315.
Duty of County Officers.--The sheriffs of the respective counties in which such townships are situated shall present for registry the deeds of 20190HB2073PN2927 - 130 - all properties within the township limits sold by them at judicial sales, whether by execution or in partition or otherwise;
(b) Nature of office.--The township manager shall serve at the pleasure of the board of commissioners, subject to contractual rights that may arise under an employment agreement or professional services agreement that may be entered in 20190HB2073PN3052 - 131 - accordance with section 1302-A.
(a) General rule.-The powers and duties of the township 20190HB2073PN2927 - 131 - manager shall be regulated by ordinance.
(c) Status as public official.--The township manager, if an individual, and, in the case of a partnership, limited 20190HB2073PN3052 - 132 - partnership, association or a professional corporation appointed as the township manager, all officers and those employees directly providing services as required or authorized by the 20190HB2073PN2927 - 132 - agreement, shall be considered a public official for purposes of the provisions of 65 Pa.C.S.
20190HB2073PN3052 - 133 - (a) General rule.--Except as provided in subsection (b), the board of commissioners may take, by the right of eminent domain for the purpose of appropriating to the township for the use of 20190HB2073PN2927 - 133 - the Pennsylvania National Guard, public lands, easements and public property in the township's possession or control and used or held by the township for any other purpose notwithstanding any limitation of the use by the township whether by donation, dedication, appropriation, statute or otherwise.
(2) To furnish reasonable utilities free of cost to the Commonwealth for use in an armory of the Pennsylvania 20190HB2073PN3052 - 134 - National Guard.
20190HB2073PN2927 - 134 - Section 1304-B.
(3) The accounts of the expenditures shall be subject to the inspection of the Department of Military and Veterans Affairs and shall be audited by the Auditor General in 20190HB2073PN3052 - 135 - accordance with law.
20190HB2073PN2927 - 135 - The board of commissioners may make an annual appropriation not to exceed $300 for the support of any Veterans' Home Association that provides a home or meeting facility within the township for the use of United States war veterans, and which is not maintained in whole or in part by the United States or any governmental agency other than the township.
20190HB2073PN3052 - 136 - (1) Who die within the township or die beyond the township limits but had a legal residence within the township at the time of death.
20190HB2073PN2927 - 136 - (2) Whose bodies are entitled to be buried by the county under the provisions of existing law.
(1) in accordance with the act of June 15, 1951 (P.L.586, 20190HB2073PN3052 - 137 - No.144), entitled "An act regulating the suspension, removal, furloughing and reinstatement of police officers in boroughs and townships of the first class having police forces of less than 20190HB2073PN2927 - 137 - three members, and in townships of the second class";
(d) No police officer may at the same time hold a public <-- office.
(D) THE FOLLOWING SHALL APPLY:
<-- (1) NO POLICE OFFICER SHALL AT THE SAME TIME HOLD ANY PUBLIC OFFICE OTHER THAN CONSTABLE, HEALTH OFFICER OR SCHOOL DIRECTOR OF A SCHOOL DISTRICT SITUATED WITHIN A COUNTY OF THE SECOND CLASS.
(2) A POLICE OFFICER WHO HOLDS THE OFFICE OF SCHOOL DIRECTOR IN A SCHOOL DISTRICT SITUATED WITHIN A COUNTY OF THE SECOND CLASS PURSUANT TO PARAGRAPH (1), WHETHER CONTRACTED OR OTHERWISE EMPLOYED BY THE SCHOOL DISTRICT, SHALL NOT BE PERMITTED TO SERVE AS A SCHOOL POLICE OFFICER, AS PROVIDED FOR IN SECTION 1302-C OF THE ACT OF MARCH 10, 1949 (P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF 1949.
[The board may assign the chief of police or any other member of the force to undergo a course of training at any training school for policemen, established and made available by the State or Federal Government, and may provide for the payment by the 20190HB2073PN3052 - 138 - township of his expenses while in attendance in such training school.] (g) The board of commissioners may assign the chief of police or any other member of the police force to attend training classes offered by the Federal Government, State or county government, and may pay a member's expenses while attending the training classes.
Sections 1402, 1403, 1404 and 1405 of the act 20190HB2073PN2927 - 138 - are amended to read:
Powers of [Policemen.--Policemen shall be ex- officio constables of the township and may, without warrant and on view, arrest and commit for hearing any and all persons guilty of a breach of the peace, vagrancy, riotous, or disorderly conduct or drunkenness, or who may be engaged in the commission of any unlawful act tending to imperil the personal security or endanger the property of the citizens, or violating any of the ordinances of the township for the violation of which a fine or penalty is imposed.] Police Officers.--A township police officer shall have those powers and duties as are granted 20190HB2073PN3052 - 139 - to police officers under the laws of this Commonwealth, the rules of the Supreme Court or the ordinances of the township, for the violation of which a fine or penalty may be imposed.
20190HB2073PN2927 - 139 - Section 1405.
Badge.--[The police,] Township police 20190HB2073PN3052 - 140 - officers, when on duty, shall wear a badge or shield with the words "Township Police" and the name of the township inscribed [thereon] on the badge or shield.
(b) No police officer may charge or accept a fee or other compensation in addition to the salary paid by the township for 20190HB2073PN2927 - 140 - a service rendered or performed by the police officer, except public rewards and the expenses incurred in the discharge of the police officer's duties.
The member contributions, except to the extent that subsection (c) of section 607 of the act of December 18, 1984 (P.L.1005, No.205), known as the "Municipal Pension Plan 20190HB2073PN3052 - 141 - Funding Standard and Recovery Act," applies, shall not exceed annually four [per centum] percent of the pay of [such] the member.
Any allowances made to those who are retired by reason of disability or age shall be in conformity with a uniform scale.] (b) In lieu of establishing a pension fund in accordance with subsection (a), the township may, by ordinance, provide investment or insurance instruments for the purpose of the 20190HB2073PN2927 - 141 - payment of pensions or annuities to the members of the police force who receive honorable discharge by reason of age or disability and the families of police officers injured or killed in service.
(2) The board of commissioners shall appoint by resolution a chief administrative officer who shall have the primary 20190HB2073PN3052 - 142 - responsibility for the execution of the administrative affairs of the pension plan, subject to the direction of the board of commissioners.
(f) A township that establishes a police pension fund under 20190HB2073PN2927 - 142 - this section shall make contributions to the police pension fund in an amount sufficient to meet the minimum obligation of the municipality with respect to the pension plan under the act of December 18, 1984 (P.L.1005, No.205), known as the "Municipal Pension Plan Funding Standard and Recovery Act." (g) A township may take, by gift, grant, devise or bequest, any money or property, real, personal or mixed, in trust for the benefit of the police pension fund.
(h) (1) The basis of the apportionment of the pension 20190HB2073PN3052 - 143 - benefit shall be determined by the rate of monthly pay of the member at the date of death, honorable discharge or retirement, and shall not exceed in any year one-half the annual pay of the member, computed at the member's monthly rate.
20190HB2073PN2927 - 143 - Section 1409.1.
(b) [Whenever such a private organization or association managing an existing police pension fund for the members of the police force in any township elects, by a two-thirds vote, to transfer its funds into the pension fund required to be 20190HB2073PN3052 - 144 - established by this act, all the assets and liabilities of such existing fund shall be so transferred.
Minimum Service for Retirement.--The ordinance establishing the police pension fund may prescribe a minimum period of continuous service, not less than twenty years, and an age limit after which members of the force may be retired from active duty and may be entitled to benefits of such 20190HB2073PN2927 - 144 - fund.
Management.-- Any township shall make contributions to the police pension fund 20190HB2073PN3052 - 145 - in an amount sufficient to meet the minimum obligation of the municipality with respect to the pension plan pursuant to the act of December 18, 1984 (P.L.1005, No.205), known as the "Municipal Pension Plan Funding Standard and Recovery Act," and may take, by gift, grant, devise or bequest, any money or property, real, personal or mixed, in trust for the benefit of such police pension fund.
Any township may also make contributions to any incorporated police pension fund extending retirement benefits to police officers of the township, subject to such conditions as the township commissioners may impose and 20190HB2073PN2927 - 145 - in conformance with any applicable provisions of the "Municipal Pension Plan Funding Standard and Recovery Act." Section 1414.
Annuity Contracts in Lieu of Police Pension Fund.--Townships may provide annuity contracts for the purpose of paying pensions or annuities to the members of the police force who receive honorable discharge therefrom by reason of age 20190HB2073PN3052 - 146 - or disability and the families of such as may be injured or killed in service.] Section 51.
Their compensation shall be fixed by the board of township commissioners and they shall be paid by the board of township commissioners, or jointly by the board of township commissioners and the board of school directors in a ratio to be determined by 20190HB2073PN2927 - 146 - the two boards.
Such 20190HB2073PN3052 - 147 - school crossing guards will be authorized only in the management of traffic and pedestrians in and around areas identified by the police department and the school district superintendent or his or her designees.
Auxiliary policemen, appointed as prescribed by general law, may be hired by the 20190HB2073PN2927 - 147 - school district to serve as school crossing guards.
(3) The compensation of the school crossing guards, if any, 20190HB2073PN3052 - 148 - shall be fixed by the board of commissioners and shall be paid by the board of commissioners, or jointly by the board of commissioners and the board of school directors, in a ratio to be determined by the boards.
20190HB2073PN2927 - 148 - (2) The resolution adopted by the board of commissioners shall outline the manner in which the police department will provide necessary training and assistance of the school crossing guards while on duty.
(iii) Be considered an employe as defined under section 1101-A of the act of March 10, 1949 (P.L.30, No.14), known as the "Public School Code of 1949," or a school employe as defined 20190HB2073PN3052 - 149 - under 24 Pa.C.S.
Section 1501 of the act, amended October 24, 20190HB2073PN2927 - 149 - 2018 (P.L.921, No.151), is amended to read:
Such advertisement shall be published once not less than ten days prior to the date fixed for the opening of bids or public auction, and such date for opening bids or public auction shall 20190HB2073PN3052 - 150 - be announced in such advertisement.
Except as otherwise hereinafter provided in the case of personal property of an estimated fair market value of less than two thousand dollars, no township personal property shall be disposed of, by sale or otherwise, except upon approval of the 20190HB2073PN2927 - 150 - board of township commissioners, by ordinance or resolution.
During an electronic auction sale, bids shall be accepted electronically at the time and in the manner 20190HB2073PN3052 - 151 - designated in the advertisement.
The advertisement for electronic auction sales authorized in this clause shall include the Internet address or 20190HB2073PN2927 - 151 - means of accessing the electronic auction and the date, time and duration of the electronic auction.
The provisions of this clause shall not prohibit the sale or 20190HB2073PN3052 - 152 - exchange of township property to public utilities.
§ 5602 (relating to definitions), or to a nonprofit corporation engaged in community industrial, commercial or affordable housing development or reuse or where real property is to be sold to a person for his exclusive use in an industrial development program or where real property is to be sold to a nonprofit corporation organized as a public library, or where real property is to be sold to a nonprofit medical service 20190HB2073PN2927 - 152 - corporation as authorized by clause LXXII of section 1502, or where real property is to be sold to a nonprofit housing corporation as authorized by clause LXXIII of section 1502.
20190HB2073PN3052 - 153 - Any officer who sells and each officer who votes in favor of selling any township property, either real or personal, without the provisions of this section having been complied with, shall be subject to surcharge in the amount of any loss sustained by the township by reason of such sale.
(3) Purchase, exchange, acquire by gift, or otherwise, hold, lease, let and convey, by sale or lease, real and personal 20190HB2073PN2927 - 153 - property deemed to be to the best interest of the township subject to the restrictions, limitations or exceptions as set forth in this act.
(c) The award of contracts shall be made only by public announcement at a regular or special meeting of the board of 20190HB2073PN3052 - 154 - commissioners or at the public auction.
In the case of a public auction, the board of commissioners may establish a minimum bid 20190HB2073PN2927 - 154 - based on the fair market value of the real property.
(f) (1) Notwithstanding this section, the board of commissioners shall have the authority to exchange real property for real property of equal or greater value without complying with this section if the property being acquired by the township 20190HB2073PN3052 - 155 - is to be used for municipal purposes.
(4) Participation in a real property exchange may not 20190HB2073PN2927 - 155 - prohibit the application of the requirements of the act of October 4, 1978 (P.L.851, No.166), known as the Flood Plain Management Act.
The date of opening of bids or public auction shall be announced in the 20190HB2073PN3052 - 156 - advertisement, and sale of the property advertised shall be made to the highest bidder.
A township 20190HB2073PN2927 - 156 - that has complied with the advertising requirements of this section may provide additional public notice of the sale by bids or public auction in any manner deemed appropriate by the board of commissioners.
If no compliant bids are received after advertisement, the applicable procedures in the act of October 27, 1979 (P.L.241, No.78), entitled "An act authorizing political subdivisions, municipality authorities and transportation authorities to enter into contracts for the purchase of goods and the sale of real and personal property 20190HB2073PN3052 - 157 - where no bids are received," shall be followed.
Exceptions.--(a) Nothing under this article requiring advertising for bids or sale at public auction and sale to the highest bidder shall apply if township real or 20190HB2073PN2927 - 157 - personal property is to be sold to any of the following:
(4) A nonprofit corporation engaged in community, industrial, commercial or affordable housing development or 20190HB2073PN3052 - 158 - reuse.
(c) Real property sold under this section to a volunteer 20190HB2073PN2927 - 158 - fire company, volunteer ambulance service or volunteer rescue squad, nonprofit medical service corporation or to a nonprofit housing corporation shall be subject to the condition that when the property is not used for the purposes of the company, service, squad or corporation the property shall revert to the township.
General Powers.--The board of commissioners may make and adopt any ordinances, bylaws, rules and regulations not inconsistent with or restrained by the Constitution and laws 20190HB2073PN3052 - 159 - of this Commonwealth as may be expedient or necessary for the proper management, care and control of the township and its finances, and the maintenance of peace, good government and welfare of the township and its trade, commerce and manufactures.
All such proposed ordinances, unless otherwise provided by law, shall be published at least once in 20190HB2073PN2927 - 159 - one newspaper of general circulation in the township not more than sixty days nor less than seven days prior to passage.
Filing with the county may be completed by the submission of an electronic copy of the 20190HB2073PN3052 - 160 - ordinance through a method available, in the sole discretion of the county, to permit receipt by the office storing municipal ordinances.
In the event substantial amendments are made in the proposed ordinance or resolution, upon enactment, the board shall within ten days readvertise in one newspaper of general circulation in the township, a brief 20190HB2073PN2927 - 160 - summary setting forth all the provisions in reasonable detail together with a summary of the amendments.
A failure to record within the time provided shall not be deemed a 20190HB2073PN3052 - 161 - defect in the process of the enactment or adoption of such ordinance or resolution.
(b) Whenever any township shall have caused to be prepared a consolidation, codification or revision of the general body of 20190HB2073PN2927 - 161 - township ordinances, or the ordinances on a particular subject, the board of township commissioners may adopt such consolidation, codification or revision as an ordinance of the township, in the same manner that is now prescribed by law for the adoption of township ordinances, except as hereinafter provided.
20190HB2073PN3052 - 162 - When any such consolidation, codification or revision has been enacted as an ordinance, it shall not be necessary to advertise the entire text thereof, but it shall be sufficient in any such case, to publish a notice stating that such consolidation, codification or revision, notice of the introduction of which had previously been given, was finally enacted.
The procedure set forth in this section for the consolidation, codification or revision of township ordinances as a single ordinance may also be followed in enacting a complete group or body of ordinances, repealing or amending existing ordinances as may be necessary, in the course of preparing a consolidation, codification or revision of the township ordinances, except that in such case the advertisement giving notice of the introduction shall list, in lieu of a table 20190HB2073PN2927 - 162 - of contents, the titles only of each of the ordinances in such complete group or body of ordinances, and the notice following enactment shall simply state that such group or body of ordinances was passed finally.
(d) Any ordinance may be adopted by reference to a standard or nationally recognized code, or to parts thereof, determined by the board, or the provisions of the ordinance may be supplied by reference to a typed or printed code, prepared under the direction of or accepted by the board, or the provisions may consist of a standard or nationally recognized code, or parts 20190HB2073PN3052 - 163 - thereof, and also further provisions typed or printed as aforesaid:
Not less than three copies of such code, portion, or amendment which is incorporated or adopted by reference, shall be filed with the secretary of the township at least ten days before the board considers the proposed ordinance and upon enactment kept with the ordinance book, and available for public use, inspection and 20190HB2073PN2927 - 163 - examination.
20190HB2073PN3052 - 164 - II.
To create, by ordinance, the office of 20190HB2073PN2927 - 164 - township manager, and in like manner to abolish the same.
An employment agreement entered into pursuant to this clause may 20190HB2073PN3052 - 165 - specify conditions under which a township manager would be entitled to severance compensation, but in no event shall an employment agreement guarantee employment through the term of the agreement or confer upon the township manager any legal remedy based on specific performance.
20190HB2073PN2927 - 165 - VI.
To define and prohibit disorderly 20190HB2073PN3052 - 166 - practices within the limits of the township.
20190HB2073PN2927 - 166 - XIII.
The board of township commissioners may provide for an equitable reduction from the frontage of lots, at intersections, or where, from the peculiar or pointed shape of lots, an assessment of the 20190HB2073PN3052 - 167 - full frontage would be inequitable.
If 20190HB2073PN2927 - 167 - the assessments, or any of them remain unpaid, on the first Monday of May of the succeeding year they shall be placed in the hands of the township solicitor for collection.
All assessments, when collected, shall be paid over to the township treasurer, who shall receive and shall keep all such assessments collected for lighting the streets and highways in a separate account and pay out the same only upon orders signed by the president or vice president of the township commissioners, 20190HB2073PN3052 - 168 - attested by the secretary or assistant secretary.
The board of township commissioners shall assess or cause to be assessed the cost and expense of the furnishing and 20190HB2073PN2927 - 168 - installation of said standards, fittings and underground wiring by an equal assessment on all property benefited by the furnishing and installation of such standards, fittings and underground wiring in proportion to the number of feet the same fronts on the street or highway or portion thereof to be lighted.
All such assessments for the cost of furnishing and installation of such standards, fittings and underground wiring shall be filed with the township tax collector, who shall give thirty days written or printed notice that the assessments are 20190HB2073PN3052 - 169 - due and payable, stating the due date to each party assessed, either by service on the owner of the property or by mailing such notice to the owner at his last known post office address.
Where an owner has two or 20190HB2073PN2927 - 169 - more lots against which there is an assessment all such lots may be embraced in one claim.
20190HB2073PN3052 - 170 - XV.
Such tax may be levied for 20190HB2073PN2927 - 170 - a single year or for a term of years as the township commissioners may determine, but in the case of fire districts shall not exceed two mills per annum, and shall be collected in the same manner as other taxes.
Said charges shall be 20190HB2073PN3052 - 171 - assessed and collected in the manner provided in this act for the assessment and collection of charges for the construction of sewers.
To provide and maintain suitable places 20190HB2073PN2927 - 171 - for the housing of engines, hose carts, and other apparatus for the extinguishment of fire.
and to require that before any use or occupancy be changed from any classification to a different classification, as to which more stringent regulations are prescribed under the provisions of any ordinance relating thereto, municipal approval of the 20190HB2073PN3052 - 172 - plans and specifications therefor be secured.
To establish, by ordinance, and 20190HB2073PN2927 - 172 - maintain uniform building lines upon any or all public streets or highways of the township.
to make contracts of insurance with any 20190HB2073PN3052 - 173 - insurance company, association or exchange authorized to transact business in this Commonwealth insuring township employes or any class or classes thereof under a policy or policies of insurance covering workmen's compensation, life, health or accident insurance, and to contract with any such company granting annuities or pensions for the pensioning of such employes, and to agree to pay part or all of the premiums or charges for carrying such contracts, and to appropriate moneys from the township treasury for such purposes.
and to acquire and own ground for and to erect, establish, and maintain market houses and market places, for which latter purposes, 20190HB2073PN2927 - 173 - parts of any streets, highways or sidewalks may be temporarily used as specified by the township commissioners;
to make 20190HB2073PN3052 - 174 - regulations respecting pigpens, slaughter houses, manure pits, drains, dumps, cesspools, and similar conditions, to prohibit and remove any noxious or offensive manufacture, art or business, or dangerous structure, or weeds, or any other nuisance whatsoever, on public or private grounds, prejudicial to the public health or safety, or to require the removal of the same by the owner or occupier of such grounds;
to prohibit accumulation of ashes, garbage, rubbish 20190HB2073PN2927 - 174 - and other refuse materials upon private properties including the imposition and collection of reasonable fees and charges for the collection, removal and disposal thereof, and to prescribe fines and penalties for the violation of such regulations;
To acquire any real property and to erect, maintain, improve, operate and lease, either as lessor or lessee, facilities for incineration, land fill or other methods of disposal, either within or without 20190HB2073PN3052 - 175 - the limits of the township, including equipment, either separately or jointly, with any other political subdivision or with any municipality authority in order to provide for the destruction, collection, removal and disposal of ashes, garbage, rubbish and other refuse materials;
To fix, alter, charge and collect rates, and other charges for the collection, removal and disposal of ashes, garbage, rubbish and other refuse materials and the costs of including the payment of any indebtedness incurred for the construction, purchase, improvement, repair, maintenance and operation of any facilities therefor, and the amount due under any contract with any other political 20190HB2073PN2927 - 175 - subdivision or with any municipality authority furnishing any of such services or facilities.
In the event that any such bonds were issued for such purposes, pursuant to a vote of the electors, any appropriation of such proceeds as above set forth shall not be deemed such a 20190HB2073PN3052 - 176 - change of purpose from that for which such bonds were issued as shall require the question to be again submitted to a vote of the electors under any existing law.
To regulate the emission of smoke from chimneys, smokestacks and other sources, except locomotive 20190HB2073PN2927 - 176 - smokestacks.
and to license, regulate or prohibit 20190HB2073PN3052 - 177 - circuses.
20190HB2073PN2927 - 177 - All appropriations of money heretofore made and contracts heretofore entered into by any township for such service are hereby validated and confirmed.
To maintain and keep in good order and repair at the expense of the township, and it shall be their duty so to do, any soldiers' monument, gun, or carriage, or other similar memorial, when there is not in existence any person, body or organization to care for and maintain the same, 20190HB2073PN3052 - 178 - and when such memorials were not erected by the government of the United States, the Commonwealth of Pennsylvania, any other state, or by the commissioners of any county;
To annually appropriate a sum, not exceeding two hundred dollars, for the support of any voluntary association composed of electors of the 20190HB2073PN2927 - 178 - several townships within such county, or any of them, which association is formed for the study and investigation of the welfare, economics, management and government of townships, and for the protection and safeguarding of the rights and franchises of townships, and for the purpose of recommending legislation beneficial to townships, or any one or more of such purposes.
To take by right of eminent domain, 20190HB2073PN3052 - 179 - for the purpose of appropriating to themselves, for the use of the National Guard of Pennsylvania, such public land, easements, and public property as may be in their possession or control, and used or held by them for any other purpose.
The proceedings for 20190HB2073PN2927 - 179 - the condemnation of lands under the provisions of this act, and for the assessment of damages for property taken, injured or destroyed, shall be taken in the same manner as is now provided by this act for the condemnation of lands.
To make such regulations as may be deemed necessary for the health, safety, 20190HB2073PN3052 - 180 - morals, general welfare, cleanliness, beauty, convenience and comfort of the township and the inhabitants thereof.
Where such units are organized as a battalion, regiment or similar organization, the total amount 20190HB2073PN2927 - 180 - due may be paid to the commanding officer of the battalion, regiment or similar organization.
and the commanding officer shall account, by the proper vouchers to the said township each year, for the expenditure of the money so appropriated, and no appropriation shall be made for any subsequent year until the expenditure of the previous year is duly and satisfactorily 20190HB2073PN3052 - 181 - accounted for.
20190HB2073PN2927 - 181 - XLVII.I.
To appropriate money annually towards any nonprofit associations or corporations which provide community nursing services for the control of communicable disease, the immunization of children, the operation of child health centers (Well-Baby Clinics), instructive visits to parents of new babies beginning in the prenatal period and family health guidance, including nutrition, detection and correction of defects, all of which relate to the 20190HB2073PN3052 - 182 - responsibilities of local boards of health.
To acquire by gift or purchase, or the right of eminent domain, lands for use as parking lots, and to plan, design, locate, hold, construct, improve, maintain, operate, own or lease, either in the capacity of lessor or lessee and install facilities and equipment, including parking meters, on any such land to be devoted to the parking of vehicles of any kind, which in the judgment of the board of 20190HB2073PN2927 - 182 - township commissioners, may be necessary and desirable for the purpose of establishing and maintaining such parking lots and to regulate the use thereof.
To acquire by lease or purchase or by 20190HB2073PN3052 - 183 - exercising the power of eminent domain, in the manner provided in article nineteen of this act, any land lying either within or without the limits of the township, which in the judgment of the board of township commissioners, may be necessary and desirable for the purpose of establishing and maintaining municipal airdromes, aviation landing fields and airport facilities.
Any township having acquired land for such purposes may establish, equip, condition, operate and maintain the same as a municipal airport, airdrome, landing field, or intermediate landing field, and may lease the same or any part thereof, to any individual or corporation desiring to use the same for aviation purposes, and may enter into a contract in the form of a lease providing for the use of said land, or any part thereof, by the Government of the United 20190HB2073PN2927 - 183 - States for the use by said Government of said land for aviation purposes upon nominal rental or without consideration.
To accept, purchase and plant or contribute to the purchase and planting of shade trees 20190HB2073PN3052 - 184 - and shrubs along the streets, highways and sidewalks of the township, and to expend township moneys for such purpose.
To enter into agreements with other political subdivisions in accordance with existing laws in making joint purchases of materials, supplies or equipment, and in performing governmental powers, duties and functions, and in carrying into effect provisions of law relating to said subjects which are common to such political 20190HB2073PN2927 - 184 - subdivisions.
After a permit has been secured from the Water and Power Resources Board, to widen and deepen water-courses running through the township and to erect such dykes, retaining walls and embankments along the same as shall be necessary to prevent water from overflowing the 20190HB2073PN3052 - 185 - banks thereof.
To regulate the streets, sewers, public squares, common grounds, sidewalks, curbs, gutters, culverts and drains, and the heights, grades, widths, slopes and construction thereof, and to grant rights therein for the installation of public utilities in said 20190HB2073PN2927 - 185 - streets.
Provided, That it may be used for capital expenditure other than the purpose or purposes specified at the time it was created, if the commissioners by a four- fifths vote shall declare that the original purpose or purposes have become impracticable, inadvisable or impossible, or that 20190HB2073PN3052 - 186 - conditions have arisen in the township which make other capital expenditures more urgent than those for which the fund was created.
20190HB2073PN2927 - 186 - LIX.
To issue non-debt revenue bonds pursuant to provisions of the act of June 25, 1941 (P.L.159), known as the "Municipal Borrowing Law," to provide sufficient moneys for and towards the acquisition, construction, extension 20190HB2073PN3052 - 187 - or improvement of municipal facilities, including water systems or facilities, sewers, sewer systems and sewage disposal systems or facilities, systems for the treatment or disposal of garbage and refuse, aeronautical facilities including but not limited to airports, terminals and hangars, and park and recreational facilities, and parking lots to be secured solely by the pledge of the whole or part of the rent, toll or charge for the use or services of such facilities.
Such appropriations shall only be used by 20190HB2073PN2927 - 187 - the association or corporation for the acquisition, restoration and maintenance of the historical properties.
to make contracts of insurance with any fire insurance company, duly authorized by law to transact business in the Commonwealth of Pennsylvania, on any building or property owned by such township, to make contracts with any insurance company, so authorized, insuring any public liability of the township, and to make contracts of insurance with any insurance company, or nonprofit hospitalization corporation, or nonprofit 20190HB2073PN3052 - 188 - medical service corporation, authorized to transact business within the Commonwealth, insuring its employes or commissioners, or any class or classes thereof, or their dependents, under a policy or policies of group insurance covering life, health, hospitalization, medical and surgical service, or accident insurance, and may contract with any such company, granting annuities or pensions, for the pensioning of such employes, or any class or classes thereof, and for such purposes, may agree to pay part or all of the premiums or charges for carrying such contracts, premiums, or charges, or portions thereof.
Such insurance shall be 20190HB2073PN2927 - 188 - uniformly applicable to those covered and shall not give eligibility preference to, or improperly discriminate in favor of, commissioners.
and insurance benefits payable to insureds or their beneficiaries arising out of or on account of deaths, injuries, accidents or illnesses occurring prior to the effective date of this amendatory act shall remain 20190HB2073PN3052 - 189 - the property of the insureds or their beneficiaries.
Where any official personally contributed toward such a pension plan or a purchase of such an annuity, he shall be refunded his total contributions thereto, plus any interest 20190HB2073PN2927 - 189 - accumulated thereon, less any amount already paid to him under the annuity or pension plan, when the annuity or pension benefits are delivered, surrendered or assigned to the township, or when the annuity becomes the property of the township by operation of this section.
The value of the interest of the township in the pension plan or annuity program with respect to the official shall be determined by the actuary who prepared the 1983 municipal pension report for the township pension plan or annuity program pursuant to the act of December 6, 1972 20190HB2073PN3052 - 190 - (P.L.1383, No.293), entitled "An act requiring municipal pension systems to have an actuarial investigation of the fund made by an actuary who shall report his findings to the Department of Community Affairs," using the same applicable actuarial assumptions as used in that report or, if no actuary was retained for the 1983 report or no 1983 report was filed, by an actuary retained for the purpose of valuing the township interest.
No elected or appointed township official included in a township-paid pension or annuity plan entered into prior to December 31, 1984, shall be subject to any penalty, assessment, 20190HB2073PN2927 - 190 - surcharge or disciplinary action of any kind as a result of said participation.
20190HB2073PN3052 - 191 - LXV.
To appropriate annually an amount for the observance of holidays, 20190HB2073PN2927 - 191 - centennials or other anniversaries or for township celebrations or civic projects or programs.
To appropriate annually, such amount of money but not in excess of ten cents (10¢) for each resident of the township, as determined 20190HB2073PN3052 - 192 - by the latest official census, which may be deemed necessary, to any "tourist promotion agency," as defined in the act of April 28, 1961 (P.L.111, No.50), known as the "Tourist Promotion Law," to assist such agencies in carrying out tourist promotional activities.
To appropriate annually, such amount of money, which the board of 20190HB2073PN2927 - 192 - commissioners deems necessary but not exceeding an amount equal to one mill of the real estate tax to any nonprofit art corporation for the conduct of its artistic and cultural activities.
20190HB2073PN3052 - 193 - Notwithstanding any other provision of law, no township or official thereof shall become subject to contractual, tort or other liability as a result of having made an appropriation pursuant to this clause.
To enact, amend and 20190HB2073PN2927 - 193 - repeal ordinances charging certain enumerated fees to property owners who desire to or are required to connect to any water or sewer system owned or operated by the township or who desire to increase their usages of such systems, including connection fees, customer facility fees and tapping fees, in accordance with the conditions and restrictions provided in clause (t) of subsection B of section 4 of the act of May 2, 1945 (P.L.382, No.164), known as the "Municipality Authorities Act of 1945." No township may charge any tapping, connection or other similar fee as a condition of connection to a township-owned sewer or water system unless the fee is calculated as provided in the applicable provisions of the "Municipality Authorities Act of 1945." LXXVIII.
To appropriate money to nonprofit watershed associations for 20190HB2073PN3052 - 194 - watersheds serving the township.
(c) The township shall require any emergency services organizations receiving township funds to provide to the township an annual itemized listing of all expenditures of these funds before the township may consider budgeting additional 20190HB2073PN2927 - 194 - funding to the organization.] Specific Powers.--The corporate power of a township of the first class shall be vested in a board of commissioners.
(b) The board of commissioners may provide for and regulate 20190HB2073PN3052 - 195 - the manner of hiring and discharging employes and the fixing of salaries or compensation, consistent with applicable Federal and State law.
Disorderly Conduct.--The board of commissioners may, by ordinance, prohibit disorderly conduct 20190HB2073PN2927 - 195 - within the limits of the township and provide for the imposition of penalties for the conduct in accordance with this act.
20190HB2073PN3052 - 196 - (2) Contract with or make grants to near or adjacent municipal corporations or volunteer fire companies for fire protection in the township.
Regulation of Business.--To provide for the 20190HB2073PN2927 - 196 - prohibition, licensing and regulation of business, a board of commissioners may:
20190HB2073PN3052 - 197 - (C) erect, establish and maintain marketplaces for which parts of a street or sidewalk may be temporarily used;
(2) Notwithstanding paragraph (1), prohibit, license and 20190HB2073PN2927 - 197 - regulate businesses unless prohibited by law.
(1) require the removal of any nuisance or dangerous 20190HB2073PN3052 - 198 - structure by the owner or occupier of the grounds;
Municipal Waste.--(a) A board of commissioners, in the manner authorized by the act of July 7, 1980 (P.L.380, No.97), known as the Solid Waste Management Act, and the act of July 28, 1988 (P.L.556, No.101), known as the Municipal Waste Planning, Recycling and Waste Reduction Act, may prohibit accumulations of municipal waste on public and private property, including the imposition and collection of reasonable 20190HB2073PN2927 - 198 - fees and charges for the collection, removal and disposal of the municipal waste.
20190HB2073PN3052 - 199 - (2) A contract with the owner of a private facility for the disposal or incineration of municipal waste may be made for a period not to exceed 20 years.
20190HB2073PN2927 - 199 - (ii) collection and storage of recyclable materials;
and (3) amount due under a contract with any other political 20190HB2073PN3052 - 200 - subdivision or with any municipal authority furnishing the services or facilities.
(g) A township shall not be subject to requirements otherwise imposed by law for the sale of personal property owned by the township when selling recyclable materials or materials separated, collected, recovered or created by recycling, as provided in the act of April 9, 1992 (P.L.70, No.21) entitled "An act excluding the sale of recyclable material from political 20190HB2073PN2927 - 200 - subdivision personal property sale restrictions relating to advertising and bidding." Section 1502.13.
20190HB2073PN3052 - 201 - Section 1502.14.
20190HB2073PN2927 - 201 - (1) The running at large of dogs and direct the seizure, detention or euthanization of dogs running at large, including reasonable associated charges, and provide for the sale of the dogs for the benefit of the township.
20190HB2073PN3052 - 202 - (b) The board of commissioners may prescribe and enforce reasonable fees for the services of its officers and agents in the adjustment of party walls, partition fences and similar items.
Display of Flags.--The board of commissioners may display the flag of the United States, the 20190HB2073PN2927 - 202 - Commonwealth, the official POW/MIA flag or the flag of any county or municipal corporation in this Commonwealth on any public building or grounds of the township.
Hospital Appropriations.--The board of commissioners may, in townships having a population of two thousand inhabitants or more, appropriate money for the support 20190HB2073PN3052 - 203 - of any incorporated hospital that is engaged in charitable work and extends treatment and medical attention to the residents of the township.
Parking and Parking Lots.--(a) The board 20190HB2073PN2927 - 203 - of commissioners may:
20190HB2073PN3052 - 204 - (b) Consistent with 75 Pa.C.S.
Airports.--(a) A township is authorized and empowered to acquire by grant, lease, purchase or condemnation proceedings, subject to the limitations in 26 20190HB2073PN2927 - 204 - Pa.C.S.
A township may enter into a contract in the form of a lease providing for the use of the land, or any part, by the Federal Government for the Federal government's use of the land for 20190HB2073PN3052 - 205 - aviation purposes upon nominal rental or without consideration.
Purchase and Planting of Trees.--The board of commissioners may accept, purchase and plant, or contribute 20190HB2073PN2927 - 205 - to the purchase and planting of, shade trees and shrubs along the streets, highways and sidewalks of the township and have the care, custody and control of shade trees pursuant to Article XXX.
(2) The proper authorities of municipal corporations, regional police or fire forces or other public safety or 20190HB2073PN3052 - 206 - governmental entities created by two or more municipal corporations under 53 Pa.C.S.
When an agreement has been entered into, the police, firefighters, fire police or any other public safety services of the employing municipal corporation or governmental entity shall have the 20190HB2073PN2927 - 206 - powers and authority conferred by law on police, firefighters, fire police or any other public safety services in the territory of the municipal corporation which has contracted to secure the service.
Damages for 20190HB2073PN3052 - 207 - property taken, injured or destroyed as the result of the work shall be fixed and determined as provided under 26 Pa.C.S.
and (3) grant rights for the installation and maintenance of 20190HB2073PN2927 - 207 - public utilities in the streets, including pipes, wires, fibers, cables or any other utility or service medium.
20190HB2073PN3052 - 208 - (2) The money in the fund shall be used for the construction, purchase or replacement of or addition to municipal buildings, equipment, machinery, motor vehicles or other capital assets of the township as specified at the time of the creation of the fund and for no other purpose unless the commissioners by a four-fifths vote declare that the original purpose or purposes have become impracticable, inadvisable or impossible, or that conditions in the township make other capital expenditures more urgent than those for which the fund was created.
(3) The board of commissioners may appropriate money from the general township funds to be paid into the capital reserve fund, or place in the fund any money received from the sale, lease or other disposition of any township property or from any other source unless received or acquired for a particular 20190HB2073PN2927 - 208 - purpose.
20190HB2073PN3052 - 209 - (3) minimize the need to increase taxes to balance the budget in times of fiscal distress;
(1) meet emergencies involving the health, safety and 20190HB2073PN2927 - 209 - welfare of the residents of the township;
20190HB2073PN3052 - 210 - Section 1502.35.
20190HB2073PN2927 - 210 - (2) sewers, sewer systems and sewage disposal systems or facilities;
20190HB2073PN3052 - 211 - Section 1502.38.
and (2) township employes, as defined in section 601 of the 20190HB2073PN2927 - 211 - Workers' Compensation Act.
(d) (1) The board of commissioners may enter into contracts for insurance with any insurance company, nonprofit hospitalization corporation, nonprofit medical service corporation, association or exchange authorized by law to transact business in this Commonwealth to insure its employes or commissioners, or any class or classes of the employes or 20190HB2073PN3052 - 212 - commissioners or dependents of the employes or commissioners, under a policy or policies of group insurance covering life, health, hospitalization, medical and surgical service, or accident insurance.
Insurance benefits payable to insureds or their beneficiaries arising out of or on account of deaths, injuries, accidents or illnesses occurring before November 29, 1985, 20190HB2073PN2927 - 212 - remain the property of the insureds or beneficiaries of the insureds.
No penalty, assessment, surcharge or disciplinary action of any kind may occur as a result of participation by those commissioners provided that anyone 20190HB2073PN3052 - 213 - entitled to benefit coverage under a pension paid for, in whole or in part, by a township without lawful authority shall deliver, surrender and assign to the township all benefits paid under the contract after December 31, 1984.
In lieu of a refund of total contributions plus accumulated interest, an official who personally contributed toward the pension plan or toward the purchase of the annuity may elect to purchase from the township 20190HB2073PN2927 - 213 - the township's interest in that pension plan or annuity program.
The cost of the actuarial valuation of the township 20190HB2073PN3052 - 214 - interest and any future administrative costs of the pension plan or the annuity program attributable to the official shall be payable by the official in a manner to be established by agreement with the township auditors.
20190HB2073PN2927 - 214 - (g) Nothing in this section shall affect any contract, right or coverage of insurance vested or existing on the effective date of this subsection.
As used in this section, the terms "employe" and "employes" exclude independent 20190HB2073PN3052 - 215 - contractors and all township engineers and solicitors.
20190HB2073PN2927 - 215 - Section 1502.42.
Tourist Promotion Agencies.--The board of 20190HB2073PN3052 - 216 - commissioners may appropriate funds annually to any tourist promotion agency to assist the agencies in carrying out tourist promotional activities.
Sale of Real or Personal Property to Nonprofit Housing Corporation.--The board of commissioners may 20190HB2073PN2927 - 216 - sell to a nonprofit housing corporation any township-owned:
"Artistic and cultural activities." The term shall include the display or production of theater, music, dance, painting, architecture, sculpture, arts and crafts, photography, film, 20190HB2073PN3052 - 217 - graphic arts and design and creative writing.
Drug and Alcohol Abuse Programs.--The board of commissioners may appropriate annually, out of the general funds of the township, a sum to be divided in amounts as the commissioners may determine and to be used for education and 20190HB2073PN2927 - 217 - development of programs within the community dealing with drug and alcohol abuse.
Emergency Services.--(a) The township shall be responsible for ensuring that fire and emergency medical services are provided within the township by the means and to the extent determined by the township, including the appropriate financial and administrative assistance for these 20190HB2073PN3052 - 218 - services.
20190HB2073PN2927 - 218 - (1) In the case of a coal mine or colliery, the map or plan shall exhibit the workings or excavations in every seam of coal on a separate sheet and the tunnels and passages connecting with the workings or excavations.
(3) Each owner, operator or superintendent of a mine, colliery or quarry shall update, at least once every three 20190HB2073PN3052 - 219 - months, the pertinent maps, plans and drawings to reflect any extensions made in any mine, colliery or quarry during the three preceding months, except those made within thirty days immediately preceding the time of placing the extensions upon the map or drawing.
Conservation District.--The board of commissioners may make appropriations to a conservation 20190HB2073PN2927 - 219 - district, as the term is defined under section 3 of the act of May 15, 1945 (P.L.547, No.217), known as the Conservation District Law, in which the township is located.
[Typewritten, Printed, Photostated and 20190HB2073PN3052 - 220 - Microfilmed Records Valid;
authorizing the recording and copying of documents, plats, papers and instruments of writing by digital, photostatic, photographic, microfilm or other process, and the 20190HB2073PN2927 - 220 - admissibility thereof and enlargements thereof in evidence;
or 20190HB2073PN3052 - 221 - (2) in a bound book with pages being consecutively numbered by transcribing directly upon the pages of [such] the book of record or [may be attached thereto to such book of record by stapling or by glue or any other adhesive substance or material, and all records heretofore recorded or transcribed in any manner authorized by this section are validated.
(c) All records previously recorded or transcribed in any 20190HB2073PN2927 - 221 - manner authorized by this act at the time the records were recorded or transcribed are validated.
(b) Registry.--The board of commissioners shall designate a person to have charge of the registry who shall cause to be made and shall carefully preserve all necessary books, maps and plans 20190HB2073PN3052 - 222 - as may show the location and ownership of every lot, piece of real estate and subdivision of real estate.
[(a) Boards of Health] 20190HB2073PN2927 - 222 - Section 59.
All health officers, whether appointed by boards of health or township commissioners, shall have had some] (a) The board of commissioners may, by ordinance, establish a board of health or the office of health officer to administer and enforce the 20190HB2073PN3052 - 223 - health ordinances and related ordinances of the township.
(c) A township may, by ordinance, dissolve a board of health or the office of health officer and decide to become subject to the jurisdiction of a county department of health or joint 20190HB2073PN2927 - 223 - county department of health under the act of August 24, 1951 (P.L.1304, No.315), known as the Local Health Administration Law.
and thereafter one member shall, in like manner, be appointed each year, to serve for five years.] (a) A board of health appointed by the board of commissioners shall be composed 20190HB2073PN3052 - 224 - of three or five members, at the discretion of the board, and the following shall apply:
and (iii) one member shall be appointed to serve for three 20190HB2073PN2927 - 224 - years.
(c) The members of the board of health shall serve without compensation, but if any member of the board shall be elected to 20190HB2073PN3052 - 225 - the office of secretary, [he] the member shall be entitled to receive a salary[,] fixed by the board for that office.
20190HB2073PN2927 - 225 - (7) A pharmacist.
(b) The board shall annually organize by electing a president from among the members of the board, a secretary, who 20190HB2073PN3052 - 226 - may or may not be a member of the board, and a health officer, who shall not be a member of the board.
[They, if required by the board of commissioners, shall, severally, give bond to the township, in such sums as may be fixed by ordinance, for the faithful discharge of their duties, and shall also take and subscribe to the oath required of members of the board.] (c) The board of commissioners may require the secretary and health officer to furnish a bond to the township, in an amount fixed by ordinance, for the faithful discharge of the secretary's or health officer's duties and shall also take and 20190HB2073PN2927 - 226 - subscribe to the oath or affirmation required of members of the board.
shall keep accurate accounts of the expenditures of the board, shall 20190HB2073PN3052 - 227 - transmit all bills to the board of township commissioners for payment in the same manner as other bills of the township are paid;
shall also make an annual report to the State Department 20190HB2073PN2927 - 227 - of Health;
(5) Prepare, under the direction of the board, the annual 20190HB2073PN3052 - 228 - report to the board of commissioners and the estimate of appropriation needed for the ensuing year.
He shall placard and quarantine all premises upon which cases of communicable disease exist, which have been reported to 20190HB2073PN2927 - 228 - the board of health or of which he or the board of health may have knowledge, which are required by law or by regulation of the State Department of Health to be placarded and quarantined;
20190HB2073PN3052 - 229 - (b) A health officer has the following duties:
Powers and Duties of Board of Health.--[The board of health shall have the power, and it shall be its duty, to enforce the laws of the Commonwealth, the regulations of the State Department of Health, and any ordinances of the township relating to health work, and to make and enforce such additional rules and regulations to prevent the introduction and spread of 20190HB2073PN2927 - 229 - infectious or contagious diseases, by the regulation of intercourse with infected places, by the separation of infected persons and persons who shall have been exposed to any infectious or contagious disease, and by abating and removing all nuisances which it shall deem prejudicial to the public health, to mark infected houses or places, to prescribe rules for the construction and maintenance of house drains, wash pipes, soil pipes and cesspools, and make all such other rules and regulations as it shall deem necessary for the preservation of the public health, and such other powers relating to health work as may be delegated by the township commissioners.
The board shall also have power, with the consent of the township commissioners, in case of a prevalence or apprehended prevalence of any contagious or infectious diseases in its township, to establish one or more emergency hospitals, and to make 20190HB2073PN3052 - 230 - provisions and regulations for the maintenance and management of the same.
All penalties or punishments prescribed for the violation thereof, as well as the expenses actually and necessarily incurred in carrying such rules and regulations into effect, shall be recoverable, for the use of the township, in the same manner as penalties for violation of the ordinances of the 20190HB2073PN2927 - 230 - township, and subject to the like limitations as to the amount thereof.] (a) A board of health has the following powers:
20190HB2073PN3052 - 231 - (3) An ordinance of the township.
Entry of Premises.--[The board of health shall have the power, as a body or by committee, as well as the health officer, together with their assistants, subordinates, and workmen, under and by order of the said board, to enter at any time upon any premises in the township upon which there is suspected to be any infectious or contagious disease, or nuisance detrimental to the public health, for the purpose of examining and abating the same, and for any other purpose arising in connection with or in the performance of their duties.] (a) A member of the board of health, a health officer, an employee of a board or a health officer or an agent of a board or a health officer may, upon order of the board or upon order of a health officer if there is no board, enter a premises in the township where an infectious or contagious disease or a 20190HB2073PN2927 - 231 - nuisance detrimental to the public health is suspected and examine and abate the disease or nuisance.
[Inspections.--The board of health may inspect house drains, waste and soil pipes, cesspools, waterclosets, 20190HB2073PN3052 - 232 - slaughterhouses, hogpens, stables, stable yards, and any conditions or places whatsoever, in the township, which may constitute a nuisance or a menace to public health.
In case such order of abatement is not obeyed within the time specified therein, it shall thereupon issue a further written order to the health officer, directing him to remove or abate the same, which order shall be executed by him and his subordinates and workmen, and the expense thereof shall be 20190HB2073PN2927 - 232 - recoverable from the owner of the premises upon or from which the nuisance or menace to health is abated or removed, in the same manner as debts of like character are now collected by law;
(b) Upon noncompliance of the order under subsection (a), 20190HB2073PN3052 - 233 - the board shall issue a written order to the health officer directing removal or abatement of the nuisance.
Appropriations.--It shall be the duty of the board of health or appointed health officer or officers to submit annually, to the township commissioners, before the 20190HB2073PN2927 - 233 - commencement of the fiscal year, an estimate of the probable expenditures of the board during the ensuing year;
(b) The board of commissioners shall make appropriations 20190HB2073PN3052 - 234 - based on the estimate as deemed necessary.
Powers of [Secretary] State Department of Health.--[Whenever, in the opinion of the Secretary of Health of 20190HB2073PN2927 - 234 - the Commonwealth, conditions found by him to exist in any township shall constitute a menace to the lives and health of people living outside the boundaries of such township, or if it be known to him that any township is without an existing or efficient board of health, or health officer or officers, the Secretary of Health may enter, and take full charge of, and administer the health laws, regulations, and ordinances in such township, and may continue in charge thereof until he shall decide that a competent and efficient board of health, or health officer or officers, has been appointed and qualified for such township, and is ready, able and willing to assume and carry into effect the duties imposed upon it by law.] (a) Nothing in this act may be construed to limit the powers and duties of the State Department of Health, including the powers and duties under Article XXI of the act of April 9, 1929 (P.L.177, No.175), 20190HB2073PN3052 - 235 - known as "The Administrative Code of 1929." (b) (1) The expenses of the State Department of Health for which the township is liable shall be paid by the township where the expenses have been incurred.
(3) Upon payment, the State Department of Health shall return the money to the State Treasurer, who shall credit the amount to the appropriation made to the State Department of 20190HB2073PN2927 - 235 - Health.
Suits by State Secretary of Health to Recover Expenses.--Whenever expenses incurred by the State Secretary of Health or his agents, in the administration of health laws in any township, in accordance with the provisions of this act, 20190HB2073PN3052 - 236 - shall remain unpaid by said township for a period of more than three months after a statement of such expense has been rendered by him to such township, and demand for payment by him made, he shall, with the approval of the Governor, institute, in the name of the Commonwealth as plaintiff, an action of assumpsit against such township for the collection of such expense from the township, in the same manner as debts of like amount are collected by law:
Payment of Expenses Recovered Into State Treasury.--All expenses incurred by the State Secretary of Health in the administration of health laws in any township, when paid to him by such township, or when collected by him, 20190HB2073PN2927 - 236 - shall be returned by him to the State Treasurer, who shall credit the amount so received to the appropriation made to the Department of Health.
Jury of View.--The court shall thereupon 20190HB2073PN3052 - 237 - appoint a jury of view of three persons of the county.
The notice 20190HB2073PN2927 - 237 - shall state the time and place where such report will be open to inspection.
Confirmation of Report.--At the end of the period allowed for an appeal, the report shall be absolutely confirmed by the court as to such awards or assessments from 20190HB2073PN3052 - 238 - which no appeals have been taken.
(b) The board of [township] commissioners shall [each year, at least thirty days prior to the adoption of the annual budget, 20190HB2073PN2927 - 238 - begin preparation of a proposed budget for all funds showing an estimate of the several amounts of money which will be required for the several specific purposes of township government and expenses for the ensuing fiscal year, and by ordinance appropriate, out of the revenues available for the year, the specific sums required as shown by the budget as finally adopted.
Said budget shall reflect as nearly as possible the estimated revenues and 20190HB2073PN3052 - 239 - expenditures of the township for the year for which the budget is prepared.
The proposed budget shall 20190HB2073PN2927 - 239 - be published or otherwise made available for public inspection at least twenty days prior to the date set for the adoption of the budget.
(b.1) Notice that the proposed budget is available for 20190HB2073PN3052 - 240 - inspection and copying shall be published by the township in a newspaper of general circulation in accordance with the provisions of section 110.
20190HB2073PN2927 - 240 - (b.3) Upon any revision of the proposed budget, if the estimated revenues or expenses in the budget will be increased more than ten percent in the aggregate, or more than twenty-five percent on any individual item, over the proposed budget, it shall be presumed that the tentative budget was inaccurate, and the proposed budget may not be legally adopted with the increases unless the proposed budget is again advertised once, at least ten days before adoption, and an opportunity given to taxpayers to examine the amended proposed budget.
If the funds available from taxation and other sources shall be estimated to be in excess of 20190HB2073PN3052 - 241 - the requirements of the ensuing fiscal year, an appropriation may be made for the payment of township orders or indebtedness of the previous years.
(d) The [township] board of commissioners [shall have power to authorize the transfer within the same fund of any unencumbered balance, or any portion thereof, from one spending agency to another, but such action shall be taken only during 20190HB2073PN2927 - 241 - the last nine months of the fiscal year.
Notice.--(a) During the month of January next, following any municipal election, the 20190HB2073PN3052 - 242 - board of commissioners [of any township] may amend the budget and the levy and tax rate to conform with its amended budget.
[No such] (b) No proposed amended budget shall be revised upward in excess of ten percent in the aggregate [thereof, or as, to an individual item] or in excess of twenty-five percent of the amount of [such] an individual item in the proposed 20190HB2073PN2927 - 242 - amended budget.
Such representatives shall be appointed by the president of said organization within sixty days after the effective date of this act.] Uniform Financial Report and Forms.--(a) The uniform forms for the annual financial report required to be made by the township auditors or controller to the Department of Community and Economic 20190HB2073PN3052 - 243 - Development, shall be prepared by a committee consisting of four representatives from the Pennsylvania State Association of Township Commissioners and the Secretary of Community and Economic Development, or the secretary's agent or designee who shall be a person trained in the field of municipal finance.
The president of [said] the organization shall supply to the Department of Community and Economic Development the names and addresses of [such] the representatives 20190HB2073PN2927 - 243 - immediately upon their appointment.
In the event that said committee should for any reason fail to furnish such cooperation, the Secretary of 20190HB2073PN3052 - 244 - Community and Economic Development, or his agent, shall complete the preparation of the forms.
Changes in Appropriations.--[No work shall be hired to be done, no 20190HB2073PN2927 - 244 - materials purchased, no contracts made, and no orders issued for the payment of any moneys, by the authorities of any township, in any amount which will cause the sums appropriated to specific purposes to be exceeded.
If any work shall be done for or materials furnished to any township contrary to the provisions of this section, the township commissioners are hereby prohibited from authorizing payment therefor as a moral obligation or otherwise, unless ordered or directed so to do by the court of common pleas or the court of quarter sessions of the county in which such township is situate.] The township may not hire employees, purchase materials, execute contracts or issue orders for the payment of any money if it would result in the total expenditure of money 20190HB2073PN3052 - 245 - for a specific purpose to exceed the amount appropriated for that purpose.
Temporary Indebtedness.--The board of township commissioners may, by ordinance, borrow money and issue evidences of indebtedness therefor to the extent, and in the manner, in which municipal districts are now authorized to incur or increase the same, for the purpose of permanent improvements, but the total 20190HB2073PN2927 - 245 - indebtedness so created shall not exceed five per centum of the county valuation of the property within the township without the assent of the electors of the township;
In authorizing the issue of obligations or securities for such loans, the township commissioners shall provide that moneys 20190HB2073PN3052 - 246 - subsequently derived from assessments upon parties benefited by such improvements shall be deposited in the sinking fund for the payment of the principal and interest of said obligations or securities.
Regulations and Investments.--It shall be the duty of the board of commissioners to cause accounts of the sinking fund and other accounts relating to the indebtedness of the township to be kept, and to see to the 20190HB2073PN2927 - 246 - proper application and superintend the investment of moneys therein in accordance with law.
20190HB2073PN3052 - 247 - Section 1705.1.
(d) Authorized types of investments for township funds [shall be:], in addition to those authorized under the act of 20190HB2073PN2927 - 247 - July 25, 1973 (P.L.217, No.53), entitled "An act authorizing cities of the first class and second class to invest all funds received and deposited with the city treasurer in certain commercial paper under certain terms and conditions;
(iii) Deposits in savings accounts or time deposits, other than certificates of deposit, or share accounts of institutions insured by the Federal Deposit Insurance Corporation [or the Federal Savings and Loan Insurance Corporation] or the National Credit Union Share Insurance Fund [or the Pennsylvania Deposit Insurance Corporation or the Pennsylvania Savings Association 20190HB2073PN3052 - 248 - Insurance Corporation to the extent that such accounts] to the extent that the accounts are so insured, and, for any amounts above the insured maximum, provided that approved collateral as provided by law therefore shall be pledged by the depository.
(v) Shares of an investment company registered under the 20190HB2073PN2927 - 248 - Investment Company Act of 1940 (54 Stat.
(vi) Certificates of deposit purchased from institutions insured by the Federal Deposit Insurance Corporation [or the Federal Savings and Loan Insurance Corporation] or the National Credit Union Share Insurance Fund [or the Pennsylvania Deposit Insurance Corporation or the Pennsylvania Savings Association 20190HB2073PN3052 - 249 - Insurance Corporation to the extent that such accounts are so insured.
20190HB2073PN2927 - 249 - (vii) Any investment authorized by 20 Pa.C.S.
establishing a 20190HB2073PN3052 - 250 - standard rule for the types, amounts and valuations of assets eligible to be used as collateral for deposits of public funds;
(iii) [To join] Join with one or more other political subdivisions and municipal authorities in accordance with [the act of July 12, 1972 (P.L.762, No.180), entitled "An act 20190HB2073PN2927 - 250 - relating to intergovernmental cooperation," in the purchase of a single investment, provided that the requirements of subclause (ii) on separate accounting of individual funds and separate computation, recording and crediting of the earnings therefrom are adhered to.] 53 Pa.C.S.
If the available funds are in excess of the current fiscal year requirements, an appropriation may be made for [such] this 20190HB2073PN3052 - 251 - purpose to the extent of [such] the excess, or unless, after the close of the fiscal year, it shall be ascertained that the funds appropriated and available therefor are in excess of the amount required, in which case [such] the surplus may be applied to [such] the former orders of indebtedness.
20190HB2073PN2927 - 251 - Section 63.1.
20190HB2073PN3052 - 252 - One.] commissioners may levy taxes by resolution for taxes levied at the same rate as or a rate lower than the previous fiscal year, and by ordinance if the tax rate increases from the previous fiscal year, upon all property and upon all occupations within the township made taxable for township purposes and subject to valuation and assessment by the county assessment office, for the following purposes and at the following rates:
Further provided, That if, at the hearing before the court of quarter sessions upon said petition, of which notice shall be given as the court may direct, which 20190HB2073PN2927 - 252 - hearing shall be held not less than ten nor more than fifteen days after said petition shall be presented, the owners of real estate having assessed valuation of fifty per centum of the total assessed valuation of real estate in said township shall, by petition, object to the making of an order for any additional tax levy, the court shall thereupon deny the prayer of said petition.] common pleas for the right to levy additional millage for general revenue purposes.
20190HB2073PN3052 - 253 - (B) purchasing, maintaining and operating fire apparatus;
(ii) The township may appropriate up to one-half, but not to exceed one mill, of the revenue generated from a tax under this clause for the purpose of paying salaries, benefits or other compensation of fire suppression employes of the township or a 20190HB2073PN2927 - 253 - fire company serving the township.
In lieu of the tax provided for in this clause, the [township] board of commissioners may, by specific appropriation, provide for the maintenance of [such trees] shade trees by appropriation from 20190HB2073PN3052 - 254 - the general funds of the township.
The commissioners of the township shall have the power to levy and collect annually on the valuation assessed for general township purposes as now is or may be provided by law, an additional] 20190HB2073PN2927 - 254 - (6) An annual tax not exceeding one-half (1/2) mill to provide for pensions, retirement, or the purchase of annuity contracts for township employes.
(8) An annual tax not exceeding five mills to create and 20190HB2073PN3052 - 255 - maintain a revolving fund to be used in making permanent street, sidewalk, water supply or sewer improvements before the collection of all or part of the cost from property owners as otherwise authorized by this act.
(9) An annual tax sufficient for the purpose of 20190HB2073PN2927 - 255 - constructing, maintaining and operating parks, recreation areas, facilities and programs or for paying the township's share of a joint action with one or more political subdivisions, in accordance with section 3013.
The county board of elections shall frame the question to be submitted to the voters of the 20190HB2073PN3052 - 256 - township in accordance with the election laws of the Commonwealth.
Additions and Revisions to Duplicates.-- [When there is any construction of a building or buildings not otherwise exempt as a dwelling after January first of any year and the building is not included in the tax duplicate of the township, the authority responsible for assessments in the township shall, upon the request of the board of township commissioners, inspect and reassess, subject to the right of appeal and adjustment by the law under which assessments are made,] If in any township there is any construction of a building or buildings not otherwise exempt as a dwelling after January first of any year and the building is not included in the tax duplicate of the township, the county assessment office 20190HB2073PN2927 - 256 - shall, upon the request of the board of commissioners, direct the assessor in the county assessment office to inspect and reassess, subject to the right of appeal and adjustment by statute, all taxable property in the township to which major improvements have been made after January first of any year and to give notice of the reassessments within ten days to the authority responsible for assessments, the township and the property owner.
A certified copy of the additions or revisions to the duplicate shall be furnished by the board of township commissioners to the township 20190HB2073PN3052 - 257 - tax collector, together with the board's warrant for collection of the same, and within ten days the township tax collector shall notify the owner of the property of the taxes due the township.
Tax Rates to Be Expressed in Dollars and Cents.--Whenever the board of commissioners [of any township] shall, by ordinance or resolution, fix the rate of taxation for any year at a mill rate, [such] the ordinance or resolution shall also include a statement expressing the rate of taxation 20190HB2073PN2927 - 257 - in dollars and cents on each one hundred dollars of assessed valuation of taxable property.
If the amount of such indebtedness is so large as to render it unadvisable to collect the same in any one year, taking into consideration other necessary taxation, the court may direct the same to be 20190HB2073PN3052 - 258 - levied and collected by annual instalments, and may order such special taxes to be levied and collected during such successive years as may be required for payment of the same.] In addition to the levies provided for in section 1709, when it is shown to the court that the debts due by any township exceed the amount which the board of commissioners may collect in any year by taxation, the court, after ascertaining the amount of indebtedness of the township, may, in an action of mandamus, direct the board of commissioners, by special taxation, to collect an amount sufficient to pay the debts.
20190HB2073PN2927 - 258 - Section 1712.
For purposes of this article, the lowest responsible bidder need not be the bidder submitting the 20190HB2073PN3052 - 259 - lowest dollar amount bid.
[General Regulations Concerning Contracts.-- (a) All contracts or purchases made by any township, involving the expenditure of over the base amount of eighteen thousand five hundred dollars, subject to adjustment under subsection 20190HB2073PN2927 - 259 - (a.2), except those hereinafter mentioned, shall not be made except with and from the lowest responsible bidder, shall be in writing, and shall be made only after notice by the secretary, published, in one newspaper of general circulation, published or circulating in the county in which the township is situated, at least two times at intervals of not less than three days where daily newspapers of general circulation are employed for such publication, or in case weekly newspapers are employed then the notice shall be published once a week for two successive weeks.
Advertisements] Regulation of Contracts.--(a) All contracts or purchases in excess of the 20190HB2073PN3052 - 260 - base amount of eighteen thousand five hundred dollars, subject to adjustment under subsection (a.2), except those mentioned in this section and except as provided by the act of October 27, 1979 (P.L.241, No.78), entitled "An act authorizing political subdivisions, municipality authorities and transportation authorities to enter into contracts for the purchase of goods and the sale of real and personal property where no bids are received," shall be in writing, and shall be made only after notice by the secretary, published once in one newspaper of general circulation, published or circulating in the township in which the township is situated.
The advertisement for contracts or purchases shall contain the date, time and location for opening 20190HB2073PN2927 - 260 - of bids and shall state the amount of the performance bond determined under subsection (c).
(a.1) Written or telephonic price quotations from at least three qualified and responsible contractors shall be requested 20190HB2073PN3052 - 261 - for all contracts in excess of the base amount of ten thousand dollars, subject to adjustment under subsection (a.2) but less than the amount requiring advertisement and competitive bidding or, in lieu of price quotations, a memorandum shall be kept on file showing that fewer than three qualified contractors exist in the market area within which it is practicable to obtain quotations.
20190HB2073PN2927 - 261 - (a.2) Adjustments to the base amounts specified under [subsection (a)] subsections (a) and (a.1) shall be made as follows:
(3) (i) If the department determines that there is a 20190HB2073PN3052 - 262 - positive percentage change in the first year that the determination is made under [clause] paragraph (1), the positive percentage change shall be multiplied by each base amount, and the products shall be added to the base amounts, respectively, and the sums shall be preliminary adjusted amounts.
(4) In each successive year in which there is a positive percentage change in the CPI-U for the United States City Average, the positive percentage change shall be multiplied by the most recent preliminary adjusted amounts, and the products shall be added to the preliminary adjusted amount of the prior year to calculate the preliminary adjusted amounts for the 20190HB2073PN2927 - 262 - current year.
(7) The department shall [publish notice] transmit notice to 20190HB2073PN3052 - 263 - the Legislative Reference Bureau for publication in the Pennsylvania Bulletin prior to January 1 of each calendar year of the annual percentage change determined under [clause] paragraph (1) and the unadjusted or final adjusted base amounts determined under [clauses] paragraphs (3) and (4) at which competitive bidding is required under subsection (a) and written or telephone price quotations are required under subsection (a.1), respectively, for the calendar year beginning the first day of January after publication of the notice.
(8) The annual increase in the preliminary adjusted base amounts obtained under [clauses] paragraphs (3) and (4) shall 20190HB2073PN2927 - 263 - not exceed three [per centum] percent.
If, through lack of a quorum or other reason, no meeting shall be held at such time and place, notice 20190HB2073PN3052 - 264 - of the same kind shall be repeated once at least six days before the meeting of the subsequent time and place fixed, and the foregoing provisions as to bids shall apply.
20190HB2073PN2927 - 264 - (3)] (i) If advertisement and bidding are required, the advertisement shall specify the date, time and place bids will be received and the date, time and place for the opening of bids.
The amount of each bid and any other relevant information as may be specified by the board, together 20190HB2073PN3052 - 265 - with the name of each bidder, shall be disclosed and recorded, and the record shall be open to public inspection and copying.
Provided, That if, prior to the letting of any contract, taxpayers of the township, whose property valuation as assessed for taxable purposes within the township shall amount to sixty per centum or over of the total property valuation as assessed for taxable 20190HB2073PN2927 - 265 - purposes within the township, shall sign and file, with the township secretary of the board, a written protest against such contemplated contract, then such contract shall not be let.
(c) The successful bidder, when advertising is required [herein], shall be required to furnish bond or irrevocable letter of credit or other security with suitable reasonable 20190HB2073PN3052 - 266 - requirements guaranteeing the performance of the contract, with sufficient surety, in an amount as determined by the [township] board of commissioners which shall be not less than ten [per centum] percent nor more than one hundred [per centum] percent of the amount of the liability under the contract within twenty days after the contract has been awarded, unless the [township] board of commissioners shall prescribe a shorter period of not less than ten days.
(d) The contracts or purchases made by the board of commissioners which shall not require advertising, bidding or price quotations, as [hereinbefore provided,] provided in this 20190HB2073PN2927 - 266 - article, are as follows:
Provided, however, That all materials used for street improvement, maintenance, and/or construction in excess of the base amount of ten thousand dollars be subject to the relevant price quotation or advertising requirements as contained herein and to adjustment under subsection (a.2).] if the materials used for street improvement or construction in excess of the amount 20190HB2073PN3052 - 267 - specified or adjusted under subsection (a.1) are subject to the relevant price quotation or advertising requirements contained in this section.
20190HB2073PN2927 - 267 - (4) Those involving [any policies of insurance or surety company bonds;
(4.2) Those made with another political subdivision or a county, or council of governments, consortium, cooperative or 20190HB2073PN3052 - 268 - other similar entity created under 53 Pa.C.S.
(7) Those involving equipment rental with operators if more than fifty percent of the total labor personnel hours required for the completion of the contract is supplied by the township 20190HB2073PN2927 - 268 - through its own employees.
(10) Those for the mitigation of a real or potential 20190HB2073PN3052 - 269 - emergency involving a clear and present danger to the health, safety and welfare of the residents of the township.
(e) [Every contract for the construction, reconstruction, alteration, repair, improvement or maintenance of public works shall comply with the provisions of the act of March 3, 1978 (P.L.6, No.3), known as the "Steel Products Procurement Act."] 20190HB2073PN2927 - 269 - The board of commissioners shall award contracts subject to the requirements of and may exercise any powers granted by the following acts to the extent applicable:
(5) The act of March 3, 1978 (P.L.6, No.3), known as the "Steel Products Procurement Act." (6) The act of February 17, 1994 (P.L.73, No.7), known as the "Contractor and Subcontractor Payment Act." 20190HB2073PN3052 - 270 - (7) 62 Pa.C.S.
20190HB2073PN2927 - 270 - (3) No fee or compensation for personal or professional services may be shared except for work actually performed.
Evasion of Advertising Requirements.--(a) (1) No commissioner or commissioners shall evade the provisions of section [one thousand eight hundred two] 1802 as to advertising for bids[,] by purchasing or contracting for services and personal properties piecemeal for the purpose of obtaining prices under eighteen thousand five hundred dollars, subject to adjustment under section 1802(a.2), upon transactions, which transactions should, in the exercise of 20190HB2073PN3052 - 271 - reasonable discretion and prudence, be conducted as one transaction amounting to more than eighteen thousand five hundred dollars, subject to adjustment under section 1802(a.2).
(3) Any commissioners who [so] vote in violation of this [provision, and who] subsection and know that the transaction upon which they so vote is or [ought to] should be a part of a larger transaction[, and that it] and is being divided in order to evade the requirements as to advertising for bids, shall be 20190HB2073PN2927 - 271 - jointly and severally subject to surcharge for ten [per centum] percent of the full amount of the contract or purchase.
[This penalty shall be in addition to any 20190HB2073PN3052 - 272 - surcharge which may be assessed pursuant to subsection (a).] The penalty under this subsection shall be in addition to a surcharge that may be assessed under subsection (a).
Bonds for Protection of Labor and [Materialmen.--It shall be the duty of every township to require any person, copartnership, association, or corporation, entering into a contract with such township for the construction, erection, installation, completion, alteration, repair of or addition to any public work or improvement of any kind whatsoever, where the amount of such contract is in excess of one thousand five hundred dollars ($1,500), before commencing work under such contract, to execute and deliver to such township, in addition to any other bond which may now or hereafter be required by law to be given in connection with such contract, an additional bond for the use of any and every 20190HB2073PN2927 - 272 - person, copartnership, association, or corporation interested, in a sum not less than fifty per centum (50%) and not more than one hundred per centum (100%) of the contract price, as such township may prescribe, having as surety thereon one or more surety companies legally authorized to do business in this Commonwealth, conditioned for the prompt payment of all material furnished and labor supplied or performed in the prosecution of the work, whether or not the said material or labor enter in and become component parts of the work or improvement contemplated.
Every such additional bond shall provide that every person, copartnership, association, or corporation, who, whether as sub-contractor or otherwise, has furnished material or supplied or performed labor in the prosecution of the work as above provided, and who has 20190HB2073PN3052 - 273 - not been paid therefor, may sue in assumpsit on said additional bond, in the name of the township, for his, their, or its use and prosecute the same to final judgment for such sum or sums as may be justly due him, them, or it, and have execution thereon:
Provided, however, That the township shall not be liable for the payment of any costs or expense of any suit.] Materials.--Before a contract exceeding ten thousand dollars is awarded to a prime contractor or construction manager for the construction, erection, installation, completion, alteration, repair of or addition to a public work or improvement of any kind, the contractor shall furnish to the township a payment bond for the protection of claimants supplying labor or materials to the prime contractor to whom the contract is awarded, at no less than one hundred percent of the contract amount, conditioned for the prompt payment of the materials furnished or labor supplied 20190HB2073PN2927 - 273 - or performed in the prosecution of the contract under the act of December 20, 1967 (P.L.869, No.385).
[Any such] A company desiring to participate in [such] purchase contracts shall file with the township secretary a request [that it be authorized] to 20190HB2073PN3052 - 274 - authorize it to participate in contracts for the purchase of petroleum products of the township and agreeing that it will be bound by [such] the terms and conditions as the township may, and as [hereinafter] specifically provided, shall, prescribe and that it will be responsible for payment directly to the vendor under each purchase contract.
Separate Specifications for Branches of Work.--[In] If, in the preparation of specifications for the <-- erection or alteration of any public building, [when] the entire <-- cost of [such] the work exceeds the base amount of eighteen thousand five hundred dollars ($18,500), subject to annual adjustment under section 1802(a.2), the architect, engineer, or other person preparing [such][such THE specifications shall] the <--20190HB2073PN2927 - 274 - specifications may, if requested by the board of commissioners, prepare separate specifications for the plumbing, heating, ventilating, and electrical work, and the township shall receive separate bids upon each of [such] the branches of work, and award the contract for the same to the lowest responsible bidder for each of the branches.
[Workmen's Compensation Insurance.--All contracts executed by any township, which involve the construction or doing of any work involving the employment of labor, shall contain a provision that the contractor shall accept, in so far as the work covered by any such contract is concerned, the provisions of the Workmen's Compensation Act of one thousand nine hundred and fifteen, and any supplements or amendments thereto, and that the said contractor will insure his liability thereunder, or file with the township, with which the 20190HB2073PN3052 - 275 - contract is made, a certificate of exemption from insurance from the Bureau of Workmen's Compensation of the Department of Labor and Industry.
20190HB2073PN2927 - 275 - In any contract executed in violation of the provisions of this act, the township, which is a party thereto, shall be regarded as the employer and liable to pay compensation to any person entitled to compensation, under the laws of the Commonwealth, as the result of employment pursuant to such contract.] Workers' Compensation Insurance.--(a) A contract executed by a township or an officer of a township, which involves the construction or doing of work involving the employment of labor, shall contain a provision that the contractor shall accept, in so far as the work covered by the contract is concerned, the provisions of the act of June 2, 1915 (P.L.736, No.338), known as the "Workers' Compensation Act," and any supplements or amendments to the act, and that the contractor will insure the contractor's liability under the act and will file with the township with which the contract is made 20190HB2073PN3052 - 276 - a certificate of exemption from insurance from the Bureau of Workers' Compensation of the Department of Labor and Industry.
Engineers and Architects Not to Be Interested in Contracts.--It shall be unlawful for any architect or 20190HB2073PN2927 - 276 - engineer in the employ of a township, and engaged in the preparation of plans, specifications, or estimates, or for any officer or employe of the township, directly or indirectly, to bid on any public work at any letting of such work in such township.
20190HB2073PN3052 - 277 - Any person or persons violating these provisions, or any one of them, shall forfeit his office, and shall be guilty of a misdemeanor, and, on conviction thereof, shall be sentenced to pay a fine not exceeding five hundred dollars, or to undergo imprisonment of not less than six months, or both, in the discretion of the court.
20190HB2073PN2927 - 277 - (b) Every contract for the construction, alteration or repair of any public work or improvement founded on specifications containing any such stipulation for minimum wage or wages shall stipulate a penalty of an amount equal to twice the difference between the minimum wage contained in said specifications and the wage actually paid to each laborer or mechanic for each day during which he has been employed at a wage less than that prescribed in said specifications.
(c) Every officer or person designated as an inspector of or having supervision over the work to be performed under any such contract in order to aid in enforcing the fulfillment thereof shall, upon observation or investigation, report to the commissioners of the township all violations of minimum wage stipulations, together with the name of each laborer or mechanic who has been paid a wage less than that prescribed by the 20190HB2073PN3052 - 278 - specifications and the day or days of such violation.
[Penalty for Personal Interest in Contracts.-- Except as otherwise provided in this act, no township official, either elected or appointed, who knows or who by the exercise of 20190HB2073PN2927 - 278 - reasonable diligence could know, shall be interested to any appreciable degree, either directly or indirectly, in any contract for the sale or furnishing of any supplies or materials for the use of the township or for any work to be done for such township involving the expenditure by the township of more than three hundred dollars in any year, but this limitation shall not apply to cases where such officer or appointee of the township is an employe of the person, firm or corporation to which the money is to be paid in a capacity with no possible influence on the transaction and in which he cannot be possibly benefited thereby, either financially or otherwise.
Any official 20190HB2073PN3052 - 279 - or appointee who shall knowingly violate the provisions of this section shall be subject to surcharge to the extent of the damage shown to be thereby sustained by the township, to ouster from office, and shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding five hundred dollars.] Personal Interest in Contracts and Purchases.--Elected and appointed township officials and township employees are restricted from an interest in township contracts and purchases to the extent provided in 65 Pa.C.S.
20190HB2073PN2927 - 279 - Section 1901.
Exercise of Eminent Domain.--[In the laying out, opening, widening, extending, vacating, grading or changing the grades or lines of streets or highways, the construction of bridges and the piers and abutments therefor, the construction of slopes, embankments and sewers, including storm water drains, the erection and extension of waterworks, wharves and docks, public buildings, public works, lands and places for the disposal of ashes and other refuse materials, garbage treatment works and libraries, the establishing of parks, playgrounds and recreation places, the changing of watercourses, and for all other purposes authorized by this act, a township of the first class may enter upon, appropriate, injure or destroy private lands, property and material.] (a) A township may acquire property by eminent domain, including entering upon, appropriating, taking, using and occupying private lands and 20190HB2073PN3052 - 280 - property for any of the following public purposes:
20190HB2073PN2927 - 280 - (b) Eminent domain proceedings shall be subject to and conform with the provisions of 26 Pa.C.S.
or as against 20190HB2073PN3052 - 281 - the site of any building, fort, redoubt, blockhouse, or headquarters which are preserved for their historic associations and not for private profit.
or (3) the site of any building, fort, redoubt, blockhouse, or 20190HB2073PN2927 - 281 - headquarters that is preserved for the site's historic associations and not for private profit.
Exceptions.--In [all cases of] the appropriation of land or property for public use, other than for streets, it 20190HB2073PN3052 - 282 - shall not be lawful to assess any portion of the damage done to or value of the appropriated land or property [so appropriated] against the other property adjoining or in the vicinity of the appropriated land or property [so appropriated].
Provided, That in particular instances a different title may by agreement be acquired.] Except as otherwise provided by law, if land or other real or personal property is acquired by a township in eminent domain proceedings other than for street or highway or easement purposes, or is acquired by gift, purchase or otherwise, the title obtained by the township shall be in fee simple absolute or like absolute ownership unless the parties 20190HB2073PN2927 - 282 - agree otherwise in writing and the agreement expressly appears in a recorded deed affecting any real property acquired by the township or in the notice of condemnation.
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Amendments
1 amendmentClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Approved by the Governor
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Presented to the Governor
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Signed in Senate
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Signed in House
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Third consideration and final passage
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Re-reported as committed
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Re-referred to APPROPRIATIONS
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Second consideration
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First consideration
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Reported as committed
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Referred to LOCAL GOVERNMENT
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Third consideration and final passage
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Re-reported as committed
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Re-committed to APPROPRIATIONS
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Second consideration
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Removed from table
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Laid on the table
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First consideration
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PN 3052 Reported as amended
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PN 2927 Referred to LOCAL GOVERNMENT
Sponsors
- R. Lee James · Cosponsor
- Dan Moul · Primary
- Everett · Cosponsor
- Robert Freeman · Cosponsor
- Christina D. Sappey · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 4 co-sponsors · 248 not signed on
Sponsors (1)
- Dan Moul Republican
Co-sponsors (4)
- R. Lee James Republican
- Everett
- Robert Freeman Democratic
- Christina D. Sappey Democratic
Not signed on (248)
248 members have not signed on to this bill.
Show all 248 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 17 | 0 | 0 | 0 |
| Unaffiliated | 19 | 0 | 0 | 0 |
| Democratic | 13 | 0 | 0 | 1 |
| Total | 49 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (50)
| Member | Party | Vote |
|---|---|---|
| ARNOLD | — | Yea |
| AUMENT | — | Yea |
| BLAKE | — | Yea |
| BREWSTER | — | Yea |
| BROWNE | — | Yea |
| CORMAN | — | Yea |
| DINNIMAN | — | Yea |
| DISANTO | — | Yea |
| FARNESE | — | Yea |
| GORDNER | — | Yea |
| IOVINO | — | Yea |
| KILLION | — | Yea |
| LEACH | — | Yea |
| MENSCH | — | Yea |
| REGAN | — | Yea |
| SABATINA | — | Yea |
| SCARNATI | — | Yea |
| SCAVELLO | — | Yea |
| YUDICHAK | — | Yea |
| Anthony H. Williams | Democratic | Yea |
| Art Haywood | Democratic | Yea |
| Christine M. Tartaglione | Democratic | Yea |
| Jay Costa | Democratic | Yea |
| Judith L. Schwank | Democratic | Yea |
| Katie J. Muth | Democratic | Yea |
| Lindsey M. Williams | Democratic | Yea |
| Lisa M. Boscola | Democratic | Yea |
| Maria Collett | Democratic | Not Voting |
| Sharif Street | Democratic | Yea |
| Steven J. Santarsiero | Democratic | Yea |
| Timothy P. Kearney | Democratic | Yea |
| Vincent J. Hughes | Democratic | Yea |
| Wayne D. Fontana | Democratic | Yea |
| Camera Bartolotta | Republican | Yea |
| Daniel Laughlin | Republican | Yea |
| David G. Argall | Republican | Yea |
| Doug Mastriano | Republican | Yea |
| Elder A. Vogel | Republican | Yea |
| Gene Yaw | Republican | Yea |
| Joe Pittman | Republican | Yea |
| Judy Ward | Republican | Yea |
| Kathleen C. Tomlinson | Republican | Yea |
| Kim L. Ward | Republican | Yea |
| Kristin Phillips-Hill | Republican | Yea |
| Lisa Baker | Republican | Yea |
| Michele Brooks | Republican | Yea |
| Patrick J. Stefano | Republican | Yea |
| Scott E. Hutchinson | Republican | Yea |
| Scott Martin | Republican | Yea |
| Wayne Langerholc | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 9 | 0 | 0 | 0 |
| Unaffiliated | 8 | 0 | 0 | 0 |
| Democratic | 6 | 0 | 0 | 1 |
| Total | 23 | 0 | 0 | 1 |
| % of votes cast | 96% | 0% | 0% | 4% |
How each member voted (24)
| Member | Party | Vote |
|---|---|---|
| BLAKE | — | Yea |
| IOVINO | — | Yea |
| KILLION | — | Yea |
| MENSCH | — | Yea |
| SCAVELLO | — | Yea |
| BROWNE | — | Yea |
| CORMAN | — | Yea |
| SCARNATI | — | Yea |
| Art Haywood | Democratic | Yea |
| Jay Costa | Democratic | Not Voting |
| Judith L. Schwank | Democratic | Yea |
| Maria Collett | Democratic | Yea |
| Sharif Street | Democratic | Yea |
| Steven J. Santarsiero | Democratic | Yea |
| Vincent J. Hughes | Democratic | Yea |
| Daniel Laughlin | Republican | Yea |
| David G. Argall | Republican | Yea |
| Elder A. Vogel | Republican | Yea |
| Gene Yaw | Republican | Yea |
| Joe Pittman | Republican | Yea |
| Kristin Phillips-Hill | Republican | Yea |
| Patrick J. Stefano | Republican | Yea |
| Scott Martin | Republican | Yea |
| Wayne Langerholc | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 4 | 0 | 0 | 0 |
| Republican | 4 | 0 | 0 | 0 |
| Democratic | 3 | 0 | 0 | 0 |
| Total | 11 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (11)
| Member | Party | Vote |
|---|---|---|
| BLAKE | — | Yea |
| BROWNE | — | Yea |
| REGAN | — | Yea |
| SCARNATI | — | Yea |
| Judith L. Schwank | Democratic | Yea |
| Steven J. Santarsiero | Democratic | Yea |
| Timothy P. Kearney | Democratic | Yea |
| Michele Brooks | Republican | Yea |
| Scott E. Hutchinson | Republican | Yea |
| Scott Martin | Republican | Yea |
| Wayne Langerholc | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 91 | 0 | 0 | 1 |
| Republican | 53 | 0 | 0 | 1 |
| Democratic | 52 | 0 | 0 | 1 |
| Total | 196 | 0 | 0 | 3 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (199)
| Member | Party | Vote |
|---|---|---|
| BARRAR | — | Yea |
| BOBACK | — | Yea |
| BROWN | — | Yea |
| COX | — | Yea |
| DOWLING | — | Yea |
| EVERETT | — | Yea |
| GABLER | — | Yea |
| GILLESPIE | — | Yea |
| HAHN | — | Yea |
| HELM | — | Yea |
| HENNESSEY | — | Yea |
| HERSHEY | — | Yea |
| HICKERNELL | — | Yea |
| JONES | — | Yea |
| KELLER | — | Yea |
| KNOWLES | — | Yea |
| LEWIS | — | Yea |
| MACKENZIE | — | Yea |
| MASSER | — | Yea |
| METCALFE | — | Yea |
| MILLARD | — | Yea |
| MIZGORSKI | — | Yea |
| MURT | — | Yea |
| NELSON | — | Yea |
| PEIFER | — | Yea |
| POLINCHOCK | — | Yea |
| PUSKARIC | — | Yea |
| PYLE | — | Yea |
| QUINN | — | Yea |
| REESE | — | Yea |
| RYAN | — | Yea |
| SANKEY | — | Yea |
| SAYLOR | — | Yea |
| SCHROEDER | — | Yea |
| SIMMONS | — | Yea |
| SONNEY | — | Yea |
| STEPHENS | — | Yea |
| THOMAS | — | Yea |
| TOBASH | — | Yea |
| TOEPEL | — | Yea |
| TOOHIL | — | Yea |
| WHEELAND | — | Yea |
| CALTAGIRONE | — | Yea |
| CRUZ | — | Yea |
| DELISSIO | — | Yea |
| DELUCA | — | Yea |
| DERMODY | — | Yea |
| DONATUCCI | — | Yea |
| DRISCOLL | — | Yea |
| EVANS | — | Yea |
| FITZGERALD | — | Yea |
| GAINEY | — | Yea |
| GALLOWAY | — | Yea |
| GOODMAN | — | Yea |
| HARRIS | — | Yea |
| KIRKLAND | — | Yea |
| KORTZ | — | Yea |
| LEE | — | Yea |
| LONGIETTI | — | Yea |
| MCCARTER | — | Yea |
| MULLERY | — | Yea |
| PETRARCA | — | Yea |
| RAVENSTAHL | — | Yea |
| READSHAW | — | Yea |
| ROEBUCK | — | Yea |
| SAINATO | — | Yea |
| SIMS | — | Not Voting |
| SNYDER | — | Yea |
| STURLA | — | Yea |
| ULLMAN | — | Yea |
| WHEATLEY | — | Yea |
| WILLIAMS | — | Yea |
| YOUNGBLOOD | — | Yea |
| TURZAI | — | Yea |
| Aaron Kaufer | — | Yea |
| Barry Jozwiak | — | Yea |
| DAVIS, A | — | Yea |
| Dan Miller | — | Yea |
| Donna Bullock | — | Yea |
| Donna Oberlander | — | Yea |
| George Dunbar | — | Yea |
| Jim Gregory | — | Yea |
| Jim Marshall | — | Yea |
| Kevin Boyle | — | Yea |
| Louis Schmitt | — | Yea |
| Mark Rozzi | — | Yea |
| Mike Zabel | — | Yea |
| Paul Schemel | — | Yea |
| Sara Innamorato | — | Yea |
| Seth Grove | — | Yea |
| Stephen Kinsey | — | Yea |
| Torren Ecker | — | Yea |
| Andre D. Carroll | Democratic | Yea |
| Anita Astorino Kulik | Democratic | Yea |
| Benjamin V. Sanchez | Democratic | Yea |
| Brandon J. Markosek | Democratic | Yea |
| Bridget M. Kosierowski | Democratic | Not Voting |
| Carolyn T. Comitta | Democratic | Yea |
| Christina D. Sappey | Democratic | Yea |
| Christopher M. Rabb | Democratic | Yea |
| Dan Frankel | Democratic | Yea |
| Daniel J. Deasy | Democratic | Yea |
| Danielle Friel Otten | Democratic | Yea |
| Danilo Burgos | Democratic | Yea |
| David M. Delloso | Democratic | Yea |
| Ed Neilson | Democratic | Yea |
| Eddie Day Pashinski | Democratic | Yea |
| Elizabeth Fiedler | Democratic | Yea |
| Frank Burns | Democratic | Yea |
| Greg Vitali | Democratic | Yea |
| Jared G. Solomon | Democratic | Yea |
| Jason Dawkins | Democratic | Yea |
| Jeanne McNeill | Democratic | Yea |
| Jennifer O'Mara | Democratic | Yea |
| Joanna E. McClinton | Democratic | Yea |
| Joe Ciresi | Democratic | Yea |
| Joe Webster | Democratic | Yea |
| Joseph C. Hohenstein | Democratic | Yea |
| Kristine C. Howard | Democratic | Yea |
| Kyle J. Mullins | Democratic | Yea |
| Leanne Krueger | Democratic | Yea |
| Liz Hanbidge | Democratic | Yea |
| Malcolm Kenyatta | Democratic | Yea |
| Marty Flynn | Democratic | Yea |
| Mary Jo Daley | Democratic | Yea |
| MaryLouise Isaacson | Democratic | Yea |
| Matthew D. Bradford | Democratic | Yea |
| Maureen E. Madden | Democratic | Yea |
| Melissa L. Shusterman | Democratic | Yea |
| Michael H. Schlossberg | Democratic | Yea |
| Morgan Cephas | Democratic | Yea |
| Nathan Davidson | Democratic | Yea |
| Patrick J. Harkins | Democratic | Yea |
| Patty Kim | Democratic | Yea |
| Perry S. Warren | Democratic | Yea |
| Peter Schweyer | Democratic | Yea |
| Robert E. Merski | Democratic | Yea |
| Robert F. Matzie | Democratic | Yea |
| Robert Freeman | Democratic | Yea |
| Ryan A. Bizzarro | Democratic | Yea |
| Scott Conklin | Democratic | Yea |
| Steve Samuelson | Democratic | Yea |
| Steven R. Malagari | Democratic | Yea |
| Tim Briggs | Democratic | Yea |
| Tina M. Davis | Democratic | Yea |
| Aaron Bernstine | Republican | Yea |
| Barbara Gleim | Republican | Yea |
| Brad Roae | Republican | Yea |
| Brett R. Miller | Republican | Yea |
| Bryan Cutler | Republican | Yea |
| Bud Cook | Republican | Yea |
| Carl Walker Metzgar | Republican | Yea |
| Clint Owlett | Republican | Yea |
| Craig T. Staats | Republican | Yea |
| Cris Dush | Republican | Yea |
| Dan Moul | Republican | Yea |
| David H. Rowe | Republican | Yea |
| David H. Zimmerman | Republican | Yea |
| David M. Maloney | Republican | Yea |
| Dawn W. Keefer | Republican | Yea |
| Doyle Heffley | Republican | Yea |
| Frank A. Farry | Republican | Yea |
| Gary W. Day | Republican | Yea |
| Greg Rothman | Republican | Yea |
| Jack Rader | Republican | Yea |
| James B. Struzzi | Republican | Yea |
| Jason Ortitay | Republican | Yea |
| Jesse Topper | Republican | Yea |
| Jim Rigby | Republican | Yea |
| Joe Emrick | Republican | Yea |
| John A. Lawrence | Republican | Yea |
| Jonathan Fritz | Republican | Yea |
| Joshua D. Kail | Republican | Yea |
| Kate A. Klunk | Republican | Yea |
| Kathy L. Rapp | Republican | Yea |
| Keith J. Greiner | Republican | Yea |
| Kerry A. Benninghoff | Republican | Yea |
| Lynda Schlegel Culver | Republican | Yea |
| Marci Mustello | Republican | Yea |
| Mark M. Gillen | Republican | Yea |
| Martin T. Causer | Republican | Yea |
| Martina A. White | Republican | Yea |
| Michele Brooks | Republican | Yea |
| Mindy Fee | Republican | Yea |
| Natalie Mihalek | Republican | Yea |
| Parke Wentling | Republican | Yea |
| R. Lee James | Republican | Yea |
| Rich Irvin | Republican | Yea |
| Rob W. Kauffman | Republican | Yea |
| Russ Diamond | Republican | Yea |
| Ryan Warner | Republican | Yea |
| Sheryl M. Delozier | Republican | Yea |
| Stephanie Borowicz | Republican | Yea |
| Steven C. Mentzer | Republican | Yea |
| Thomas L. Mehaffie | Republican | Yea |
| Timothy J. O'Neal | Republican | Yea |
| Tina Pickett | Republican | Yea |
| Valerie S. Gaydos | Republican | Yea |
| Zachary Mako | Republican | Not Voting |
Subjects
Frequently asked questions
- Who sponsors HB 2073?
- HB 2073 is sponsored by R. Lee James (Republican), Dan Moul (Republican), Everett, Robert Freeman (Democratic), and Christina D. Sappey (Democratic).
- What is the current status of HB 2073?
- This bill has been enacted into law. Introduced November 20, 2019. Enacted.
- Where can I track HB 2073?
- Track HB 2073 free on One Click Politics — get push/email alerts when it moves.
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